Bhopal Smart City Development Corporation …Bhopal Smart City aims to set high live ability standards for citizens . 1.1.2 Vision & Introduction Bhopal is also known as the “city

Request for Proposal

1 RFP for Appointment of Planning Consultant for Green and Blue Master Plan for Bhopal Smart City

Bhopal Smart City Development Corporation

REQUEST FOR PROPOSAL

2016

SELECTION OF CONSULTANT

FOR

Appointment of planning consultant for Green and Blue Master Plan for Bhopal Smart

City

2 RFP for Appointment of Planning Consultant for Green Master Plan for Bhopal Smart City

Disclaimer

The information contained in this Request for Proposals document (“RFP”) or subse-

quently provided to Applicants, whether verbally or in documentary or any other form

by or on behalf of the Authority or any of its employees or advisers, is provided to Ap-

plicants on the terms and conditions set out in this RFP and such other terms and condi-

tions subject to which such information is provided.

This RFP is not an agreement and is neither an offer nor invitation by the Authority to

the prospective Applicants or any other person. The purpose of this RFP is to provide

interested parties with information that may be useful to them in the formulation of their

Proposals pursuant to this RFP. This RFP includes statements, which reflect various as-

sumptions and assessments arrived at by the Authority in relation to the Consultancy.

Such assumptions, assessments and statements do not purport to contain all the informa-

tion that each Applicant may require. This RFP may not be appropriate for all persons,

and it is not possible for the Authority, its employees or advisers to consider the objec-

tives, technical expertise and particular needs of each party who reads or uses this RFP.

The assumptions, assessments, statements and information contained in this RFP, may

not be complete, accurate, adequate or correct. Each Applicant should, therefore, con-

duct its own investigations and analysis and should check the accuracy, adequacy, cor-

rectness, reliability and completeness of the assumptions, assessments and information

contained in this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Applicants is on a wide range of matters, some

of which depends upon interpretation of law. The information given is not an exhaustive

account of statutory requirements and should not be regarded as a complete or authorita-

tive statement of law. The Authority accepts no responsibility for the accuracy or other-

wise for any interpretation or opinion on the law expressed herein.

The Authority, its employees and advisers make no representation or warranty and shall

have no liability to any person including any Applicant under any law, statute, rules or

regulations or tort, principles of restitution or unjust enrichment or otherwise for any

loss, damages, cost or expense which may arise from or be incurred or suffered on ac-

count of anything contained in this RFP or otherwise, including the accuracy, adequacy,

correctness, reliability or completeness of the RFP and any assessment, assumption,

statement or information contained therein or deemed to form part of this RFP or arising

in any way in this Selection Process.

The Authority also accepts no liability of any nature whether resulting from negligence

or otherwise, howsoever caused, arising from reliance of any Applicant upon the state-

ments contained in this RFP.

The Authority may in its absolute discretion, but without being under any obligation to

do so, update, amend or supplement the information, assessment or assumption con-

tained in this RFP.

The issue of this RFP does not imply that the Authority is bound to select an Applicant or to appoint the Selected Applicant, as the case may be, for the Consultancy and the



Authority reserves the right to reject all or any of the Proposals without assigning any

reasons whatsoever.

The Applicant shall bear all its costs associated with or relating to the preparation and

submission of its Proposal including but not limited to preparation, copying, postage,

delivery fees, expenses associated with any demonstrations or presentations which may

be required by the Authority or any other costs incurred in connection with or relating to

its Proposal. All such costs and expenses will remain with the Applicant and the Author-

ity shall not be liable in any manner whatsoever for the same or for any other costs or

other expenses incurred by an Applicant in preparation or submission of the Proposal,

regardless of the conduct or outcome of the Selection Process.


CONTENTS

Invitation for Proposals .................................................................................................. 7

1. INTRODUCTION ........................................................................................................ 8

1.1 Background ............................................................................................................................. 8

1.2 Request for Proposals........................................................................................................ 9

1.3 Due diligence by Applicants .............................................................................................. 9

1.4 Sale of RFP Document ...................................................................................................... 9

1.5 Validity of the Proposal ...................................................................................................... 9

1.6 Brief description of the Selection Process .......................................................................... 9

1.7 Currency conversion rate and payment........................................................................... 10

1.8 Schedule of Selection Process ......................................................................................... 10

1.9 Pre-Proposal visit to the Site and inspection of data ............................................................ 11

1.10 Pre-ProposalConference ................................................................................................. 11

1.11 Communications .............................................................................................................. 11

2. INSTRUCTIONS TO APPLICANTS .................................................................... 13

A. GENERAL ....................................................................................................................... 13

2.1 Scope of Proposal ............................................................................................................ 13

2.2 Conditions of Eligibility of Applicants ............................................................................ 14

2.3 Conflict of Interest ............................................................................................................ 18

2.4 Number of Proposals ....................................................................................................... 20

2.5 Cost of Proposal .............................................................................................................. 20

2.6 Site visit and verification of information ......................................................................... 20

2.7 Acknowledgement by Applicant ....................................................................................... 21

2.8 Right to reject any or all Proposals................................................................................. 21

2.10 Clarifications ................................................................................................................... 22

2.11 Amendment of RFP .......................................................................................................... 22

C. PREPARATION AND SUBMISSION OF PROPOSAL ................................................... 22

2.12 Language ......................................................................................................................... 22

2.13 Format and signing of Proposal ...................................................................................... 23

2.14 Technical Proposal .......................................................................................................... 23

2.15 Financial Proposal .......................................................................................................... 25

2.16 Submission of Proposal ................................................................................................... 26

2.17 Proposal Due Date .......................................................................................................... 26

2.18 Late Proposals ................................................................................................................. 27



2.19 Withdrawal of Proposals ................................................................................................. 27

2.20 Bid Security ..................................................................................................................... 27

2.21 PerformanceSecurity ....................................................................................................... 28

D. EVALUATION PROCESS ............................................................................................... 28

2.22 Evaluation of Proposals .................................................................................................. 28

2.23 Confidentiality ................................................................................................................. 30

2.24 Clarifications ................................................................................................................... 30

E. APPOINTMENT OF CONSULTANT .............................................................................. 30

2.25 Negotiations ..................................................................................................................... 30

2.26 Substitution of Key Personnel ......................................................................................... 31

2.27 Indemnity ......................................................................................................................... 31

2.28 Award of Consultancy ..................................................................................................... 31

2.29 Execution of Agreement ................................................................................................... 31

2.30 Commencement of assignment ........................................................................................ 31

2.31 Proprietary data .............................................................................................................. 32

3. CRITERIA FOR EVALUATION ......................................................................... 33

3.1 Evaluation of Technical Proposals ................................................................................. 33

3.2 Short-listing of Applicants ............................................................................................... 36

3.3 Evaluation of Financial Proposal ................................................................................... 36

3.4 Combined and final evaluation ............................................................................................ 37

4. FRAUD AND CORRUPT PRACTICES ............................................................... 37

5. PRE-PROPOSAL CONFERENCE ....................................................................... 39

6. MISCELLANEOUS ................................................................................................. 39

SCHEDULES ................................................................................................................ 41

TERMS OF REFERENCE .......................................................................................... 45

1. Background ..................................................................................................................... 45

2. Scope of Work .................................................................................................................. 47

SECTION 3-GENERAL INFORMATION ................................................................ 57

3.1 Acts, Rules and Guidelines to be followed: ........................................................................... 58

3.2 Time Frame for the Assignment ............................................................................................ 58

3.3 Team Composition ................................................................................................................. 59

3.4 Output, Deliverables, Payment Terms ................................................................................ 60

3.5 Procedure for Monitoring & Review of the Assignment ................................................ 62

SCHEDULE–2 ................................................................................................................ 63

CONTRACT FOR CONSULTANT’S SERVICES ................................................................... 63


Annex-1 ....................................................................................................................................... 91

Annex-2 ....................................................................................................................................... 92

Annex-3 ....................................................................................................................................... 93

Annex-4 ....................................................................................................................................... 94

Annex-5 ....................................................................................................................................... 95

Annex-6 ....................................................................................................................................... 96

Annex- 7 ...................................................................................................................................... 97

SCHEDULE-3 ............................................................................................................. 100

Guidance Note on Conflict of Interest ...................................................................... 100

APPENDICES ............................................................................................................. 102

APPENDIX-I ................................................................................................................ 103

Form-1 ....................................................................................................................................... 103

Form-2 ....................................................................................................................................... 106

Form-3 ....................................................................................................................................... 108

Form-4 ....................................................................................................................................... 109

Form-5 ....................................................................................................................................... 111

Form-6 ....................................................................................................................................... 112

Form-7 ....................................................................................................................................... 113

Form-8 ....................................................................................................................................... 115

Form-9 ....................................................................................................................................... 116

Form-10 ..................................................................................................................................... 118

Form-11 ..................................................................................................................................... 120

APPENDIX-II ............................................................................................................... 122

Form-1 ....................................................................................................................................... 122

Form-2 ....................................................................................................................................... 123



Invitation for Proposals


1. INTRODUCTION

1.1 Background

1.1.1 Bhopal is among the first 20 cities selected in first round of smart cities challenge

under Government of India‟s (GoI) smart cities mission (SCM) to implement the smart

city proposal (SCP). Bhopal Smart City aims to set high live ability standards for

citizens .

1.1.2 Vision & Introduction

Bhopal is also known as the “city of lakes”. It has approximately 30,000 acres of green

cover as it has two large lakes and several natural parks including a national park where

animals are kept in their natural habitat. However, Bhopal‟s tree cover has reduced dras-

tically over past several decades. For instance, the green cover reduced from 92% in

1977 to 67% in 1992. Moreover, with the current rate of urbanization, it is expected to

reduce to 11% by 2030* (*Source: Centre for Ecological Sciences, IISc, Bangalore).

Consequently, Bhopal Municipal Corporation (BMC) and Bhopal Smart City Develop-

ment Corporation Limited (BSCDCL) has decided to create a “Green and Blue master

plan” for the city. The main goals of the plan are:

i) to maintain and grow the green cover

ii) to further influence the lifestyle indicators of the citizens

iii) to promote an environmentally sustainable city.

The BSCDCL has decided to create a Green Master Plan with the following vision:

Bhopal will serve as a model city, the first city to create a sustainable system that

can be replicated in the rest of the country

Along with the BMC, the BSCDCL has decided to establish Bhopal as a model city for

an integrated green and blue master plan. The vision is to make Bhopal one of the most

livable cities and have high lifestyle indicators. The integrated green and blue master

plan is not only to improve the living standards of the citizens but also develop a sus-

tainable smart growth approach for the city.

The goal of the integrated green and blue master plan and the vision for the city is to set

Bhopal on the international map. This will not only make Bhopal the most livable city in



the country but will also create conditions for local and international businesses to thrive

in the city as well in the neighboring region. The larger aim is to set Bhopal as the place

for people centric development and a cultural hub for arts, architecture, crafts and

natural heritage.

1.2 Request for Proposals

The Authority invites proposals (the “Proposals”) for selection of planning con-

sultant (the “consultant”) for planning & designing the green and blue master

plan for Bhopal Smart City in conformity with the TOR (collectively the “Con-

sultancy”). The Authority intends to select the Consultant through an open com-

petitive bidding process in accordance with the procedure set out herein.

1.3 Due diligence by Applicants

Applicants are encouraged to inform themselves fully about the assignment and

the local conditions before submitting the Proposal by paying a visit to the Au-

thority and the Project site, sending written queries to the Authority, and attend-

ing a Pre-Proposal Conference on the date and time specified in Clause1.10.

1.4 Sale of RFP Document

RFP document can be downloaded from the website

of www.mpeproc.gov.in.However, the bids of only those Applicant shall be con-

sidered for evaluation who have made online payment of Rs 10,000/- (Rs Ten

thousand only) for the RFP document plus service & gateway charges, without

which bids will not be accepted. The RFP Fee of Rs 10,000/- (Rs. Ten thousand

only) is to be submitted by applicant by making online payment only against this

RFP.

1.5 Validity of the Proposal

The Proposal shall be valid for a period of not less than 120 days from the Pro-

posal Due Date (the “PDD”).

1.6 Brief description of the Selection Process

The Authority has adopted a two stage selection process (collectively the “Selec-

tion Process”) for evaluating the Proposals comprising of technical bids and fi-

nancial bids to be submitted by the Applicant. For avoidance of doubt, the tech-

nical proposal shall be submitted in hard copy to the Client Address and in soft

copy online through e-procurement portal and the financial proposal shall be

submitted only online through e-procurement. In the first stage, a technical eval-

uation will be carried out as specified in Clause 3.1. Based on this technical

evaluation, a list of short-listed applicants shall be prepared as specified in

Clause 3.2. In the second stage, a financial evaluation will be carried out as spe-

cified in Clause 3.3. Proposals will finally be ranked according to their combined

technical and financial scores as specified in Clause 3.4. The first ranked Appli-

cant (the “Selected Applicant”) shall be called for negotiation, if necessary,

while the second ranked Applicant will be kept in reserve.

http://www.mpeproc.gov.in/


1.7 Currency conversion rate and payment

1.7.1 For the purposes of technical evaluation of Applicants, Conversion rate should

be considered equivalent and applicable at the particular year of the payment re-

ceived against the project by the applicants The conversion rate of currencies

shall be the daily representative exchange rates published by the International

Monetary Fund for the relevant date.

1.7.2 All payments to the Consultant shall be made in INR in accordance with the pro-

visions of this RFP. The Consultant may convert INR into any foreign currency

as per Applicable Laws and the exchange risk, if any, shall be borne by the Con-

sultant.

1.8 Schedule of Selection Process

The Authority would endeavour to adhere to the following schedule:

S.no

Event Description Date and Time

1. Publication of Request for Proposal 20/12/2016

2. Last date for receiving queries/clarifications 4/1/2017

3. Pre-Proposal Conference 4/1/2017,

3 PM Onwards

4. Authority response to queries 9/1/2016

5. Last date for purchase of RFP document 12/1/2017 till 3:00 PM

6. Proposal Due Date or PDD (online submis-

sion of Technical Proposal and Financial Pro-

posal on e-procurement portal)

16/1/2017 till 3:00 PM

7. Submission of hard copy of Technical Pro-

posal 20/1/2017 till 5:00 PM

8. Opening of Technical Proposals 21/1/2017, 3:00 PM

9. Technical presentation by qualified bidders 26/1/2017, 11:30 PM



10. Opening of Financial Proposals To be intimated to the

successful applicants as

per clause 3.2

11 Letter of Award (LOA) After the due approval of

Board of Directors

12 Signing of Agreement Within 10 days of LOA

13 Validity of Applications As mentioned in clause

1.5

1.9 Pre-Proposal visit to the Site and inspection of data

Prospective Applicants may visit the City and review the available data at any

time prior to PDD as per clause 1.8. For this purpose, they will provide at least

two days‟ notice to the nodal officer specified below:

CEO, Bhopal Smart City Development Corporation Limited

Zone 14, near Tatpar petrol pump, BHEL

Govindpura, Bhopal

Madhya Pradesh- 462023

Contact no. - 0755 2477770

1.10 Pre-Proposal Conference

The date, time and venue of Pre-Proposal Conference shall be:

Date & Time: As mentioned in clause 1.8

Venue: Bhopal Smart City Development Corporation Limited

Zone 14, near Tatpar petrol pump, BHEL

Govindpura, Bhopal

Madhya Pradesh- 462023

1.11 Communications

1.11.1 All communications including the submission of Proposal is online should be

submitted through online tendering portal of Bhopal Smart City Development Corpo-

ration Limited www.mpeproc.gov.in

1.11.2 The Official Website of the Authority is:www.mpeproc.gov.in




1.11.3 All communications, including the envelopes, documents etc should be submit-

ted online.



2. INSTRUCTIONS TO APPLICANTS

A. GENERAL

2.1 Scope of Proposal

2.1.1 Detailed description of the objectives, scope of services, Deliverables and other

requirements relating to this Consultancy are specified in this RFP. In case an

applicant firm possesses the requisite experience and capabilities required for

undertaking the Consultancy, it may participate in the Selection Process either

individually (the “Sole Firm”) or as lead member of a consortium of firms (the

“Lead Member”) in response to this invitation. The term applicant (the “Appli-

cant”) means the Sole Firm or the Lead Member, as the case may be. The man-

ner in which the Proposal is required to be submitted, evaluated and accepted is

explained in this RFP. A maximum of three members including lead member

shall be allowed in a consortium.

2.1.2 Applicants are advised that the selection of Consultant shall be on the basis of an

evaluation by the Authority through the Selection Process specified in this RFP.

Applicants shall be deemed to have understood and agreed that no explanation or

justification for any aspect of the Selection Process will be given and that the

Authority‟s decisions are without any right of appeal whatsoever.

2.1.3 The Applicant shall submit its Proposal in the form and manner specified in this

Part-2 of the RFP. The Technical proposal shall be submitted in the form at Ap-

pendix-I and the Financial Proposal shall be submitted in the form at Appendix-

II. Upon selection, the Applicant shall be required to enter into an agreement

with the Authority in the form specified at Schedule-2.

2.1.4 Key Personnel

The Consultancy Team shall consist of the following Key Personnel (the “Key

Personnel”) as specified below:

Sr. No Key Personnel

1. Team Leader cum Urban Management specialist

2. Urban Planner

3. Environmental Planner / Engineer

4. Energy efficiency specialist and climate change modeller

5. Landscape architect


2.2 Conditions of Eligibility of Applicants

2.2.1 Applicants must read carefully the minimum conditions of eligibility (the “Con-

ditions of Eligibility”) provided herein. Proposals of only those Applicants who

satisfy the Conditions of Eligibility will be considered for evaluation.

2.2.2 To be eligible for evaluation of its Proposal, the Applicant shall fulfill the

following:

(A) Basic Eligibility Criteria:

a. The Applicant shall be a company incorporated in India under the (Indian)

Companies Act 1956/2013 or a company incorporated under equivalent law

abroad or Limited Liability Partnership (LLP) incorporated in India under the

Limited Liability Partnership Act, 2008. The Applicant shall be required to sub-

mit a true copy of its Incorporation Certificate along with Technical Proposal as

annexure. Copy of proof of office to be submitted with technical proposal. Ac-

ceptable public documents in this regard are copy of Certificate of enlistment,

Electricity bill, and telephone bill.

b. Applicants must have a valid service tax registration in India. Copy of service

tax registration certificate to be submitted with technical proposal

c. The Applicant must have carried out international projects of similar nature as

desired in Technical Capacity.

d. Joint Venture (JV) is not allowed.

Note: In case of consortium, all members shall meet condition (a) above and

Lead Member shall also meet condition (a) and (b). At least one member of the

consortium shall meet condition (c).

(A) Technical Capacity: The Applicant shall have, in the last five years immediately

preceding the Proposal Due Date completed or currently executing, as the case

may be, at least one assignment in each of the following category In case of

consortium, collective experience may be considered and the bidder/s must

qualify in at least 4 of the 5 categories mentioned below. International

experience must be demonstrated in at least one Category.

Category 1: More than 5 years of experience in advisory services around Sustainability,

Green Construction, climate change resilience, socio-economic assessments.

Category 2: Experience in sustainable transport policy / programme development / im-

plementation / Public transport related projects (bicycling, pedestrianization, Route ra-

tionalization etc.

Category 4: Experience in financial feasibility assessments of low carbon projects and

raising financing through international climate/concessional financing institutions.

Green areas development, work experience in environmental sensitive areas / experience

of conservation plans, environmental management plans, lake and riverfront develop-



ment projects, research projects on innovation on energy efficiency and alternative ener-

gy

Category 5: The consortium / Applicant must have completed at least 1 project related to

Green rated buildings (IGBC or GRIHA). The minimum cost of the project shall be Rs.

100 Cr.

(B) Financial Capacity: Average combined annual turnover of last five financial

years of consortium partners should be more than or equal to Rs. 1.5 crore and

individual consortium partner average annual turnover should not be less than

Rs. 1 crore the last three financial years ending on 31st March 2016.

(C) Availability of Key Personnel: The Applicant shall offer and make available all

Key Personnel meeting the requirements specified in Sub-clause (E) below.

(D) Conditions of Eligibility for Key Personnel: Each of the Key Personnel must

fulfil the Conditions of Eligibility specified below:

1 Team Leader cum

Urban Manage-

ment

Postgraduate Degree

in Urban Planning/

Urban Management or

equivalent

• At least 15 yrs experience

in Urban Sector.

• Experience of green build-

ing projects, preparation of

CDPs/ Master plans/ Stra-

tegic Plan/ City Business

Plans/ City Investment

Plan/ Vision Documents.

2 Urban Planner Master‟s degree in Ur-

ban Planning

• At least 10 yrs experience

in Urban Sector.

• Experience of green build-

ing projects, preparation of






3 Environmental

Planner / Engineer

Master‟s degree in En-

vironmental Plan-

ning/Engineering

• At least 05 years of related

project experience.

• Professional experience in

environmental manage-

ment, clean technologies,

planning and policy, appli-

cations of environmentally

sustainable water sanitation

and solid waste manage-

ment techniques

4 Energy efficiency

specialist and cli-

mate change

modeler

Master‟s degree in

Energy Studies or Civil

Engineering with rele-

vant experience in

energy related studies

in urban areas

• At least 10 years of profes-

sional experience in energy

efficiency applications and

retrofits to urban services

• Climate Change modelling

experience of at least 5yrs.

• Experience in Green / Re-

newable energy technolo-

gies.

• Accredit professional of

IGBC or GRIHA

5 Landscape archi-

tect

Master‟s Degree in

Landscape architect


sional experience in green

landscaping in urban areas.

• Accredit professional of

IGBC or GRIHA

Apart from the Key Personnel mentioned above, the following sector experts shall be

required. The experts mentioned below should have worked as sector experts in relevant

assignments in their respective domain. For the purpose of evaluation, their CV‟s shall

not be considered. However, CV‟s shall be provided along with the Technical Proposal

in accordance with this RFP. If a CV is not found suitable, the Authority may require the

Successful Applicant to replace the CV with equivalent or better qualification personnel.

If more than 3 sector experts CVs are found not suitable, than the applicant may be dis-

qualified. Such decision would be at the discretion of the Authority.

Additional/Support manpower: The Consulting Firm shall assess the requirement of

other support professional required for carrying out the assignment as per Terms of ref-

erence and indicate in the technical proposal. The broad requirement of support profes-

sional will be (i) Urban Designer, (ii) Transport planner, (iii) Economist, (iv) Environ-



ment Scientist/ Ecologist and (v) Communication Specialist and (vi) Geo-Hydrologic

Specialist.

Note:-

i. If the authority requires any other sector expert for providing inputs on

specific themes based on project requirements, such expert may be ap-

pointed by the Successful Applicant after due approval from the authori-

ty. The authority for providing such approval shall rest with the Chief

Executive Officer of the BSCDCL. The approval shall at least indicate

proposed personnel, person-day rate, estimated level of effort, and ex-

pected outputs. Such additional payment shall be made separately to the

Successful Applicant on pro-rata basis.

ii. Key persons can work remotely for the project and shall come to

BSCDCL office as and when required.

iii. The consultant shall deploy 2 full time support project associates with

100% field time for entire project duration. The project associates shall

have a minimum experience of 5 years in consulting domain and shall

have minimum qualification of bachelor‟s in planning / architecture/ mas-

ter‟s in planning or equivalent. Their CVs are not required to be submit-

ted along with this RFP. One of the project associates shall be designated

as project manager.

2.2.3 The Applicant shall enclose with its Proposal, certificate(s) from its Statutory

Auditors$ stating its total revenues from professional fees during each of the 5

(five) financial years preceding the PDD as per clause 1.8 and the fee received in

respect of each of the Assignments specified in the Proposal. In the event that the

Applicant does not have a statutory auditor, it shall provide the requisite certifi-

cate(s) from the firm of Chartered Accountants that ordinarily audits the annual

accounts of the Applicant.

2.2.4 The Applicant should submit a Power of Attorney as per the format at Form-4 of

Appendix-I; provided, however, that such Power of Attorney would not be re-

quired if the Application is signed by a partner of the Applicant, in case the Ap-

plicant is a limited liability partnership.

2.2.5 Any entity which has been barred by the Central Government, any State Gov-

ernment, a statutory authority or a public sector undertaking, as the case may be,

from participating in any project, and the bar subsists as on the date of Proposal,

would not be eligible to submit a Proposal either by itself or through its Asso-

ciate. Undertaking form to be submitted along with the technical proposal.

2.2.6 An Applicant or its Associate should have, during the last three years, neither

failed to perform on any agreement, as evidenced by imposition of a penalty by

an arbitral or judicial authority or a judicial pronouncement or arbitration award

against the Applicant or its Associate, nor been expelled from any project or

agreement nor have had any agreement terminated for breach by such Applicant

or its Associate.

$ No separate annual financial statements should be submitted.


2.2.7 While submitting a Proposal, the Applicant should attach clearly marked and re-

ferenced continuation sheets in the event that the space provided in the specified

forms in the Appendices is insufficient. Alternatively, Applicants may format the

specified forms making due provision for incorporation of the requested infor-

mation.

2.3 Conflict of Interest

2.3.1 An Applicant shall not have a conflict of interest that may affect the Selection

Process or the Consultancy (the “Conflict of Interest”). Any Applicant found to

have a Conflict of Interest shall be disqualified. In the event of disqualification,

the Authority shall forfeit and appropriate the Bid Security as mutually agreed

genuine pre-estimated compensation and damages payable to the Authority for,

inter alia, the time, cost and effort of the Authority including consideration of

such Applicant‟s Proposal, without prejudice to any other right or remedy that

may be available to the Authority hereunder or otherwise.

2.3.2 The Authority requires that the Consultant provides professional, objective, and

impartial advice and at all times hold the Authority‟s interests paramount, avoid

conflicts with other assignments or its own interests, and act without any consid-

eration for future work. The Consultant shall not accept or engage in any as-

signment that would be in conflict with its prior or current obligations to other

clients, or that may place it in a position of not being able to carry out the as-

signment in the best interests of the Authority.

2.3.3 Some guiding principles for identifying and addressing Conflicts of Interest have

been illustrated in the Guidance Note at Schedule-3. Without limiting the gene-

rality of the above, an Applicant shall be deemed to have a Conflict of Interest

affecting the Selection Process, if:

(a) The Applicant, its consortium member (the “Member”) or Associate (or

any constituent thereof) and any other Applicant, its consortium member

or Associate (or any constituent thereof) have common controlling share-

holders or other ownership interest; provided that this disqualification

shall not apply in cases where the direct or indirect shareholding or own-

ership interest of an Applicant, its Member or Associate (or any share-

holder thereof having a shareholding of more than 5% (five per cent) of

the paid up and subscribed share capital of such Applicant, Member or

Associate, as the case may be) in the other Applicant, its consortium

member or Associate is less than 5 per cent of the subscribed and paid up

equity share capital thereof; provided further that this disqualification

shall not apply to any ownership by a bank, insurance company, pension

fund or a public financial institution referred to in sub-section (72) of sec-

tion 2 of the Companies Act,2013. For the purposes of this Clause

2.3.3(a), indirect shareholding held through one or more intermediate

persons shall be computed as follows: (aa) where any intermediary is

controlled by a person through management control or otherwise, the en-

tire shareholding held by such controlled intermediary in any other per-

son (the “Subject Person”) shall be taken into account for computing the

shareholding of such controlling person in the Subject Person; and (bb)

subject always to sub-clause (aa) above, where a person does not exercise



control over an intermediary, which has shareholding in the Subject Per-

son, the computation of indirect shareholding of such person in the Sub-

ject Person shall be undertaken on a proportionate basis; provided, how-

ever, that no such shareholding shall be reckoned under this sub-clause

(bb) if the shareholding of such person in the intermediary is less than

26% (twenty six per cent) of the subscribed and paid up equity sharehold-

ing of such intermediary; or

(b) A constituent of such Applicant is also a constituent of another Appli-

cant; or

(c) Such Applicant or its Associate receives or has received any direct or in-

direct subsidy or grant from any other Applicant or its Associate; or

(d) Such Applicant has the same legal representative for purposes of this Ap-

plication as any other Applicant; or

(e) Such Applicant has a relationship with another Applicant, directly or

through common third parties, that puts them in a position to have access

to each other‟s information about, or to influence the Application of ei-

ther or each of the other Applicant; or

(f) There is a conflict among this and other consulting assignments of the

Applicant (including its personnel and Sub-consultant) and any subsidiar-

ies or entities controlled by such Applicant or having common control-

ling shareholders. The duties of the Consultant will depend on the cir-

cumstances of each case. While providing consultancy services to the

Authority for this particular assignment, the Consultant shall not take up

any assignment that by its nature will result in conflict with the present

assignment; or

(g) A firm which has been engaged by the Authority to provide goods or

works or services for a project, and its Associates, will be disqualified

from providing consulting services for the same project save and except

as provided in Clause 2.3.4; conversely, a firm hired to provide consult-

ing services for the preparation or implementation of a project, and its

Members or Associates, will be disqualified from subsequently providing

goods or works or services related to the same project; or

(h) The Applicant, its Member or Associate (or any constituent thereof), and

the applicant, if any, for the Project, its contractor(s) or sub-contractor(s)

(or any constituent thereof) have common controlling shareholders or

other ownership interest; provided that this disqualification shall not ap-

ply in cases where the direct or indirect shareholding or ownership inter-

est of an Applicant, its Member or Associate (or any shareholder thereof

having a shareholding of more than 5% (five percent) of the paid up and

subscribed share capital of such Applicant, Member or Associate, as the

case may be,) in the bidder or Concessionaire, if any, or its contractor(s)

or sub-contractor(s) is less than 5% (five percent) of the paid up and sub-

scribed share capital of such Concessionaire or its contractor(s) or sub-

contractor(s); provided further that this disqualification shall not apply to


ownership by a bank, insurance company, pension fund or a Public Fi-

nancial Institution referred to in sub-section (72) of section 2 of the

Companies Act,2013. For the purposes of this sub-clause (h), indirect

shareholding shall be computed in accordance with the provisions of sub-

clause (a) above.

For purposes of this RFP, Associate means, in relation to the Applicant, a

person who controls, is controlled by, or is under the common control

with such Applicant (the “Associate”). As used in this definition, the ex-

pression “control” means, with respect to a person which is a company or

corporation, the ownership, directly or indirectly, of more than 50% (fifty

per cent) of the voting shares of such person, and with respect to a person

which is not a company or corporation, the power to direct the manage-

ment and policies of such person by operation of law or by contract.

2.3.4 An Applicant eventually appointed to provide Consultancy for this Project, and

its Associates, shall be disqualified from subsequently providing goods or works

or services related to the construction and operation of the same Project and any

breach of this obligation shall be construed as Conflict of Interest; provided that

the restriction herein shall not apply after a period of 5 (five) years from the

completion of this assignment or to consulting assignments granted by banks/

lenders at any time; provided further that this restriction shall not apply to con-

sultancy/advisory services performed for the Authority in continuation of this

Consultancy or to any subsequent consultancy/advisory services performed for

the Authority in accordance with the rules of the Authority. For the avoidance of

doubt, an entity affiliated with the Consultant shall include a partner in the Con-

sultant‟s firm or a person who holds more than 5% (five per cent) of the sub-

scribed and paid up share capital of the Consultant, as the case may be, and any

Associate thereof.

2.4 Number of Proposals

No Applicant or its Associate shall submit more than one Application for the

Consultancy. An Applicant applying individually or as anAssociate shall not be

entitled to submit another application either individually or as a member of any

consortium, as the case may be.

2.5 Cost of Proposal

The Applicants shall be responsible for all of the costs associated with the prepa-

ration of their Proposals and their participation in the Selection Process including

subsequent negotiation, visits to the Authority, Project site etc. The Authority

will not be responsible or in any way liable for such costs, regardless of the con-

duct or outcome of the Selection Process.

2.6 Site visit and verification of information

Applicants are encouraged to submit their respective Proposals after visiting the

office of the Authority and ascertaining for themselves the availability of docu-

ments and other data with the Authority, Applicable Laws and regulations or any

other matter considered relevant by them.



2.7 Acknowledgement by Applicant

2.7.1 It shall be deemed that by submitting the Proposal, the Applicant has:

(a) Made a complete and careful examination of the RFP;

(b) Received all relevant information requested from the Authority;

(c) Acknowledged and accepted the risk of inadequacy, error or mistake in the

information provided in the RFP or furnished by or on behalf of the Au-

thority or relating to any of the matters referred to in Clause 2.6 above;

(d) Satisfied itself about all matters, things and information, including matters

referred to in Clause 2.6 herein above, necessary and required for submit-

ting an informed Application and performance of all of its obligations there

under;

(e) Acknowledged that it does not have a Conflict of Interest; and

(f) Agreed to be bound by the undertaking provided by it under and in terms

hereof.

2.7.2 The Authority shall not be liable for any omission, mistake or error on the part of

the Applicant in respect of any of the above or on account of any matter or thing

arising out of or concerning or relating to RFP or the Selection Process, includ-

ing any error or mistake therein or in any information or data given by the Au-

thority.

2.8 Right to reject any or all Proposals

2.8.1 Notwithstanding anything contained in this RFP, the Authority reserves the right

to accept or reject any Proposal and to annul the Selection Process and reject all

Proposals, at any time without any liability or any obligation for such accep-

tance, rejection or annulment, and without assigning any reasons thereof.

2.8.2 Without prejudice to the generality of Clause 2.8.1, the Authority reserves the

right to reject any Proposal if:

(a) At any time, a material misrepresentation is made or discovered, or

(b) The Applicant does not provide, within the time specified by the Authority,

the supplemental information sought by the Authority for evaluation of the

Proposal.

Misrepresentation/improper response by the Applicant may lead to the disqualification

of the Applicant. If the Applicant is the Lead Member of a consortium, then the entire

consortium may be disqualified / rejected. If such disqualification / rejection occurs after

the Proposals have been opened and the highest ranking Applicant gets disqualified / re-

jected, then the Authority reserves the right to consider the next best Applicant, or take

any other measure as may be deemed fit in the sole discretion of the Authority, includ-

ing annulment of the Selection Process.


2.10 Clarifications

2.10.1 Applicants requiring any clarification on the RFP may send their queries to the

Authority in writing by speed post/ courier/ special messenger or by e-mail so as

to reach before the date mentioned in the Schedule of Selection Process at Clause

1.8. The envelopes shall clearly bear the following identification:

"Queries concerning RFP for Planning Consultant Green and blue Master Plan

for Bhopal Smart City"

The Authority shall endeavour to respond to the queries within the period speci-

fied therein but not later than 7 (seven) days prior to the Proposal Due Date. The

responses will be sent by e-mail. The Authority will post the reply to all such

queries on the Official Website and copies thereof will also be circulated to all

Applicants who have purchased the RFP document without identifying the

source of queries.

2.10.2 The Authority reserves the right not to respond to any questions or provide any

clarifications, in its sole discretion, and nothing in this Clause 2.10 shall be con-

strued as obliging the Authority to respond to any question or to provide any cla-

rification.

2.11 Amendment of RFP

2.11.1 At any time prior to the deadline for submission of Proposal, the Authority may,

for any reason, whether at its own initiative or in response to clarifications re-

quested by an Applicant, modify the RFP document by the issuance of Adden-

dum/ Amendment and posting it on the Official Website and by conveying the

same to the prospective Applicants (who have purchased the RFP document) by

e-mail.

2.11.2 All such amendments will be notified through e-mail to all Applicants who have

purchased the RFP document. The amendments will also be posted on the Offi-

cial Website along with the revised RFP containing the amendments and will be

binding on all Applicants.

2.11.3 In order to afford the Applicants a reasonable time for taking an amendment into

account, or for any other reason, the Authority may, in its sole discretion, extend

the Proposal Due Date

C. PREPARATION AND SUBMISSION OF PROPOSAL

2.12 Language

The Proposal with all accompanying documents (the “Documents”) and all

communications in relation to or concerning the Selection Process shall be in

English language and strictly on the forms provided in this RFP. No supporting

document or printed literature shall be submitted with the Proposal unless specif-

ically asked for and in case any of these Documents is in another language, it



must be accompanied by an accurate translation of all the relevant passages in

English, in which case, for all purposes of interpretation of the Proposal, the

translation in English shall prevail.

2.13 Format and signing of Proposal

2.13.1 The Applicant shall provide all the information sought under this RFP. The Au-

thority would evaluate only those Proposals that are received in the specified

forms and complete in all respects. The proposals shall be submitted online as

well as physically.

2.13.2 The Applicant shall prepare one original set of the Proposal (together with origi-

nals/ copies of Documents required to be submitted along therewith pursuant to

this RFP). In the event of any discrepancy between the online submission and

physically submitted version, the online submission shall prevail.

2.13.3 The Proposal shall be typed or written in indelible ink and signed by the autho-

rized signatory of the Applicant who shall initial each page. In case of printed

and published Documents,, all the pages shall be initialled. All the alterations,

omissions, additions, or any other amendments made to the Proposal shall be in-

itialed by the person(s) signing the Proposal. The Proposals must be properly

signed by the authorized representative (the “Authorized Representative”) as

detailed below:

(a) By the proprietor, in case of a proprietary firm; or

(b) By a partner, in case of a partnership firm and/or a limited liability partnership;

or

(c) By a duly authorized person holding the Power of Attorney, in case of a Limited

Company or a corporation; or

(d) By the authorized representative of the Lead Member, in case of consortium.

A copy of the Power of Attorney certified by a notary public in the form speci-

fied in Appendix-I (Form-4) shall accompany the Proposal (if required).

2.13.4 Applicants should note the PDD, as specified in Clause 1.8, for submission of

Proposals. Except as specifically provided in this RFP, no supplementary materi-

al will be entertained by the Authority, and that evaluation will be carried out on-

ly on the basis of Documents submitted online by the closing time of PDD as

specified in Clause 2.17.1. Applicants will ordinarily not be asked to provide ad-

ditional material information or documents subsequent to the date of submission,

and unsolicited material if submitted will be summarily rejected.

2.14 Technical Proposal

2.14.1 Applicants shall submit the digitally signed technical proposal online at

www.mpeproc.gov.inin the formats at Appendix-I (the “Technical Proposal”)

and shall also submit the proposal in physical form at the address mentioned in

clause 1.11 in original on or before the date and time mentioned in clause 1.8.

2.14.2 While submitting the Technical Proposal, the Applicant shall, in particular, en-

sure that:

(a) The Bid Security is provided as per the provisions laid down at clause 2.20;



(b) All forms are submitted in the prescribed formats and signed by the prescribed

signatories;

(c) Power of attorney, if applicable, is executed as per Applicable Laws;

(d) CVs of all Key Personnel and Sector Experts have been included;

(e) Key Personnel have been proposed only if they meet the Conditions of Eligibili-

ty laid down at Clause 2.2.2 (E) of the RFP;

(f) No alternative proposal for any Key Personnel is being made and only one CV

for each position has been furnished;

(g) The CVs have been recently signed and dated in blue ink by the respective Per-

sonnel and countersigned by the Applicant. Photocopy or unsigned / counter-

signed CVs shall be rejected;

(h) The CVs shall contain an undertaking from the respective Key Personnel about

his/her availability for the duration specified in the RFP;

(i) Key Personnel proposed have good working knowledge of English and Hindi

language;

(j) Key Personnel would be available for the period indicated in the TOR;

(k) The proposal is responsive in terms of Clause 2.21.3.

2.14.3 Failure to comply with the requirements spelt out in this Clause 2.14 shall make

the Proposal liable to be rejected.

2.14.4 If an individual Key Personnel makes a false averment regarding his qualifica-

tion, experience or other particulars, he shall be liable to be debarred for any fu-

ture assignment of the Authority for a period of 3 (three) years. The award of this

Consultancy to the Applicant may also be liable to cancellation in such an event.

2.14.5 The Technical Proposal shall not include any financial information relating to the

Financial Proposal.

2.14.6 The proposed team shall include experts and specialists (the “Professional Per-

sonnel”) in their respective areas of expertise and managerial/support staff (the

“Support Personnel”) such that the Consultant should be able to complete the

Consultancy within the specified time schedule. The Key Personnel specified in

Clause 2.1.4 shall be included in the proposed team of Professional Personnel.

The team shall comprise other competent and experienced professional personnel

in the relevant areas of expertise (where applicable) as required for successful

completion of this Consultancy. The CV of each such professional personnel, if

any, should also be submitted in the format at Form-11of Appendix-I.

2.14.7 An Applicant may, from time to time,if it considers necessary, propose suitable

Sub-Consultants in specific areas of expertise (where applicable). Credentials of

such Sub-Consultants should be submitted by the Application Form-12 of Ap-



pendix-I. A Sub-Consultant, however, shall not be a substitute for any Key Per-

sonnel.

2.14.8 The Authority reserves the right to verify all statements, information and docu-

ments, submitted by the Applicant in response to the RFP. Any such verification

or the lack of such verification by the Authority to undertake such verification

shall not relieve the Applicant of its obligations or liabilities hereunder nor will it

affect any rights of the Authority thereunder.

2.14.9 In case it is found during the evaluation or at any time before signing of the

Agreement or after its execution and during the period of subsistence thereof,

that one or more of the eligibility conditions have not been met by the Applicant

or the Applicant has made material misrepresentation or has given any materially

incorrect or false information, the Applicant shall be disqualified forthwith if not

yet appointed as the Consultant either by issue of the LOA or entering into of the

Agreement, and if the Selected Applicant has already been issued the LOA or

has entered into the Agreement, as the case may be, the same shall, notwith-

standing anything to the contrary contained therein or in this RFP, be liable to be

terminated, by a communication in writing by the Authority without the Authori-

ty being liable in any manner whatsoever to the Selected Applicant or Consul-

tant, as the case may be.

In such an event, the Authority shall forfeit and appropriate the Performance Se-

curity, if available, as mutually agreed pre-estimated compensation and damages

payable to the Authority for, inter alia, time, cost and effort of the Authority,

without prejudice to any other right or remedy that may be available to the Au-

thority.

2.15 Financial Proposal

2.15.1 The Financial Proposal shall be submitted online only and digitally signed in the

formats at Appendix-II (the “Financial Proposal”) clearly indicating the total cost

of the Consultancy (Form-2 of Appendix II) in both figures and words, in Indian

Rupees, and signed by the Applicant‟s Authorized Representative.

2.15.2 While submitting the Financial Proposal, the Applicant shall ensure the follow-

ing:

(i) All the costs associated with the assignment shall be included in the Financial

Proposal. These shall normally cover remuneration for all the Personnel (Expa-

triate and Resident, in the field, office etc), accommodation, air fare, equipment,

printing of documents, etc. The total amount indicated in the Financial Proposal

shall be without any condition attached or subject to any assumption, and shall

be final and binding. In case any assumption or condition is indicated in the Fi-

nancial Proposal, it shall be considered non-responsive and liable to be rejected.

(ii) The Financial Proposal shall take into account all expenses except service tax

liabilities. For the avoidance of doubt, it is clarified that all taxes shall be deemed

to be included in the costs shown under different items of the Financial Proposal.

Further, all payments shall be subject to deduction of taxes at source as per Ap-

plicable Laws. Service tax shall be accounted as applicable.


2.16 Submission of Proposal

2.16.1 The Applicants shall submit the Technical Proposal online form as per date and

time mentioned in Clause 1.8. However, the Financial Proposal shall be submit-

ted online only as mentioned in clause 2.15.1. The applicants shall submit the

Technical Proposal form with all pages numbered serially and by giving an index

of submissions. Each page of the submission shall be initialed by the Authorized

Representative of the Applicant as per the terms of this RFP. In case the Propos-

als are submitted online and the Applicants are unable to submit before the date

and time mentioned in Clause 1.8 then the Bids shall be liable for rejection. Only

those physically submitted documents regarding Technical Proposals will be ac-

ceptable and considered, if, same are uploaded in the website along with the Fi-

nancial Proposal.

2.16.2 Hard Copy Submission: The original copy of the „Technical Proposal‟ shall be

placed in a sealed envelope clearly marked „Technical Proposal‟. The envelope

marked „Technical Proposal‟ shall contain the Application in the prescribed for-

mat (Form 1 of Appendix-I) along with Forms 2 to 12of Appendix-I and support-

ing documents along with Bid Security as mentioned in Clause 2.20.1.

Online Submission: Digitally Signed scanned copy of “Technical Proposal”

shall be uploaded in the prescribed format (Form 1 of Appendix-I) along with

Forms 2 to 12 of Appendix-I and supporting documents along with Bid Security

as mentioned in Clause 2.20.1.Similarly, the original „Financial Proposal‟ shall

be placed in a digitally sealed envelope clearly marked „Financial Proposal‟ and

shall contain the financial proposal in the prescribed format (Forms 1, 2 &3 of

Appendix-II).

2.16.3 The completed Proposal must be submitted online on or before the specified time

on PDD as per clause 1.8. Proposals submitted by fax, telex, telegram or e-mail

shall not be entertained. Technical Proposal shall be submitted shall be uploaded

on the www.mpeproc.gov.in duly digitally signed. The financial Proposal shall

be submitted online only and shall be signed digitally.

2.16.4 The rates quoted shall be firm throughout the period of performance of the as-

signment up to and including discharge of all obligations of the Consultant under

the Agreement.

2.17 Proposal Due Date

2.17.1 Proposal should be submitted on or before the Proposal Due Date specified in

Clause 1.8 at the address provided in Clause 1.11 in the manner and form as de-

tailed in this RFP. A receipt thereof should be obtained from the person specified

therein.

2.17.2 The Authority may, in its sole discretion, extend the PDD as mentioned in clause

1.8 by issuing an Addendum in accordance with Clause 2.11 uniformly for all

Applicants.



2.18 Late Proposals

Proposals received by the Authority after the specified time on Proposal Due

Date shall not be eligible for consideration and shall be summarily rejected.

2.19 Withdrawal of Proposals

2.19.1 The Applicant may withdraw its Proposal after it has been submitted by sending

a written Withdrawal Notice, duly signed by an authorized representative, and

including a copy of the authorization document. The Withdrawal Notice must be:

a) Submitted in accordance with Clause ‎2.16 and the respective envelopes shall be

clearly marked „WITHDRAWAL‟; and

b) Received by the Authority prior to the deadline prescribed by the Authority for

submission of Proposals.

2.19.2 Proposals that are withdrawn in accordance with Clause 2.19.1 shall be returned

unopened to the Consultant.

2.19.3 No Proposal shall be withdrawn in the interval between the deadline for submis-

sion of Proposals and the expiration of the period of Proposal validity specified

in the Data Sheet or any extension thereof, except in the case of a request by the

Authority to extend the Proposal validity.

2.20 Bid Security

2.20.1 The Applicant shall furnish as part of its Proposal, amount of 1,00,000 INR (one

lakh rupees) amount as "Bid Security”, returnable not later than 60 (sixty) days

from PDD as per clause 1.8 except in case of the two highest ranked Applicants

as required in Clause 2.25.1. The Bid Security of requisite amount stated can be

paid by making online payment on the www.mpeproc.gov.in website.

2.20.2 In the event that the first ranked Applicant commences the assignment as re-

quired in Clause 2.30, the second ranked Applicant, who has been kept in re-

serve, shall be returned its Bid Security forthwith, but in no case not later than

120 (one hundred and twenty) days from PDD as per clause 1.8. The Selected

Applicant‟s Bid Security shall be returned, upon the Applicant signing the

Agreement and completing the Deliverables assigned to it for the first 2 (two)

months of the Consultancy in accordance with the provisions thereof.

2.20.3 Any Bid not accompanied by the Bid Security shall be rejected by the Authority

as non-responsive.

2.20.4 The Authority shall not be liable to pay any interest on the Bid Security and the

same shall be interest free.

2.20.5 The Applicant, by submitting its Application pursuant to this RFP, shall be

deemed to have acknowledged that without prejudice to the Authority‟s any oth-

er right or remedy hereunder or in law or otherwise, the Bid Security shall be

forfeited and appropriated by the Authority as the mutually agreed pre-estimated

compensation and damage payable to the Authority for, inter alia, the time, cost



and effort of the Authority in regard to the RFP including the consideration and

evaluation of the Proposal under the following conditions:

(a) If an Applicant engages in any of the Prohibited Practices specified in

Section 4 of this RFP;

(b) If an Applicant withdraws its Proposal during the period of its validity as

specified in this RFP and as extended by the Applicant from time to time;

(c) In the case of the Selected Applicant, if the Applicant fails to reconfirm

its commitments during negotiations as required vide Clause 2.25.1;

(d) In the case of a Selected Applicant, if the Applicant fails to sign the

Agreement or commence the assignment as specified in Clauses 2.29 and

2.30 respectively; or

(e) If the Applicant is found to have a Conflict of Interest as specified in

Clause 2.3.

2.21 Performance Security

2.21.1 The Applicant, by submitting its Application pursuant to this RFP, shall be

deemed to have acknowledged that without prejudice to the Authority‟s any oth-

er right or remedy hereunder or in law or otherwise, its Performance Security in

the form of bank guarantee shall be forfeited and appropriated by the Authority

as the mutually agreed pre-estimated compensation and damages payable to the

Authority for, inter alia, the time, cost and effort of the Authority in regard to the

RFP, including the consideration and evaluation of the Proposal, under the fol-

lowing conditions:

(a) If an Applicant engages in any of the Prohibited Practices specified in

Clause 4.1 of this RFP;

(b) if the Applicant is found to have a Conflict of Interest as specified in

Clause 2.3; and

(c) if the selected Applicant commits a breach of the Agreement.

2.21.2 An amount equal to 5% (five per cent) of the Agreement Value shall be deemed

to be the Performance Security for the purposes of this Clause 2.21, which may

be forfeited and appropriated in accordance with the provisions hereof.

D. EVALUATION PROCESS

2.22 Evaluation of Proposals

2.22.1 The Authority shall open the Proposals on the PDD as specified in clause 1.8, at

the place and time specified in Clause 1.11 and in the presence of the Applicants

who choose to attend. The envelopes marked “Technical Proposal” shall be

opened first.



2.22.2 Proposals for which a notice of withdrawal has been submitted in accordance

with Clause 2.19 shall not be opened.

2.22.3 Prior to evaluation of Proposals, the Authority will determine whether each Pro-

posal is responsive to the requirements of the RFP. A Proposal shall be consi-

dered responsive only if:

(a) the Technical Proposal is received in the form specified at Appendix-I;

(b) it is received by the PDD as per clause 1.8 including any extension thereof pur-

suant to Clause 2.18;

(c) it is signed, sealed, bound together in hard cover or spiral bound and marked as

stipulated in Clauses 2.13 and 2.16;

(d) it is accompanied by the Power of Attorney as specified in Clause 2.2.4;

(e) it contains all the information (complete in all respects) as requested in the RFP;

(f) it does not contain any condition or qualification; and

(g) it is not non-responsive in terms hereof.

2.22.4 The Authority reserves the right to reject any Proposal, which is non-responsive,

and no request for alteration, modification, substitution or withdrawal shall be

entertained by the Authority in respect of such Proposals.

2.22.5 The Authority shall subsequently examine and evaluate Proposals in accordance

with the Selection Process specified at Clause 1.6 and the criteria set out in Sec-

tion 3 of this RFP.

2.22.6 After the technical evaluation, the Authority shall prepare a list of pre-qualified

Applicants in terms of Clause 3.2 for opening of their Financial Proposals. A

date, time and venue will be notified to all Applicants for announcing the result

of evaluation and opening of Financial Proposals. Before opening of the Finan-

cial Proposals, the list of pre-qualified Applicants along with their Technical

Scores will be read out. The opening of Financial Proposals shall be done in

presence of respective representatives of Applicants who choose to be present.

The Authority will not entertain any query or clarification from Applicants who

fail to qualify at any stage of the Selection Process. The financial evaluation and

final ranking of the Proposals shall be carried out in terms of Clauses 3.3 and

3.4.

2.22.7 Applicants are advised that Selection shall be entirely at the discretion of the Au-

thority. Applicants shall be deemed to have understood and agreed that the Au-

thority shall not be required to provide any explanation or justification in respect

of any aspect of the Selection Process or Selection.

2.22.8 Any information contained in the Proposal shall not in any way be construed as

binding on the Authority, its agents, successors or assigns, but shall be binding

against the Applicant if the Consultancy is subsequently awarded to it.


2.23 Confidentiality

Information relating to the examination, clarification, evaluation, and recom-

mendation for the selection of Applicants shall not be disclosed to any person

who is not officially concerned with the process or is not a retained professional

adviser advising the Authority in relation to matters arising out of, or concerning

the Selection Process. The Authority shall treat all information, submitted as part

of the Proposal, in confidence and shall require all those who have access to such

material to treat the same in confidence. The Authority may not divulge any such

information unless it is directed to do so by any statutory entity that has the pow-

er under law to require its disclosure or is to enforce or assert any right or privi-

lege of the statutory entity and/or the Authority or as may be required by law or

in connection with any legal process.

2.24 Clarifications

2.24.1 To facilitate evaluation of Proposals, the Authority may, at its sole discretion,

seek clarifications from any Applicant regarding its Proposal. Such clarifica-

tion(s) shall be provided within the time specified by the Authority for this pur-

pose. Any request for clarification(s) and all clarification(s) in response thereto

shall be in writing.

2.24.2 If an Applicant does not provide clarifications sought under Clause 2.24.1 above

within the specified time, its Proposal shall be liable to be rejected. In case the

Proposal is not rejected, the Authority may proceed to evaluate the Proposal by

construing the particulars requiring clarification to the best of its understanding,

and the Applicant shall be barred from subsequently questioning such interpreta-

tion of the Authority.

E. APPOINTMENT OF CONSULTANT

2.25 Negotiations

2.25.1 The Selected Applicant may, if necessary, be invited for negotiations. The nego-

tiations shall generally not be for reducing the price of the Proposal, but will be

for re-confirming the obligations of the Consultant under this RFP. Issues such

as deployment of Key Personnel, understanding of the RFP, methodology and

quality of the work plan shall be discussed during negotiations. A Key Personnel

who did not score 60% (sixty per cent) marks as required under Clause 3.1.2

shall be replaced by the Applicant with a better candidate to the satisfaction of

the Authority. In case the Selected Applicant fails to reconfirm its commitment,

the Authority reserves the right to designate the next ranked Applicant as the Se-

lected Applicant and invite it for negotiations.

2.25.2 The Authority will examine the CVs of all other Professional Personnel and

those not found suitable shall be replaced by the Applicant to the satisfaction of

the Authority.

2.25.3 The Authority will examine the credentials of all Sub-Consultants proposed for

this Consultancy and those not found suitable shall be replaced by the Applicant

to the satisfaction of the Authority.



2.26 Substitution of Key Personnel

2.26.1 The Authority will not normally consider any request of the Selected Applicant

for substitution of Key Personnel as the ranking of the Applicant is based on the

evaluation of Key Personnel and any change therein may upset the ranking.

Substitution will, however, be permitted if the Key Personnel is not available for

reasons of any incapacity or due to health, subject to equally or better qualified

and experienced personnel being provided to the satisfaction of the Authority.

2.26.2 The Authority expects all the Key Personnel to be available during implementa-

tion of the Agreement. The Authority will not consider substitution of Key Per-

sonnel except for reasons of any incapacity or due to health or employee leaving

the organization. Such substitution shall be subject to equally or better qualified

and experienced personnel being provided to the satisfaction of the Authority. As

a condition to such substitution, a sum equal to 5% (five per cent) of the remune-

ration specified for the original Key Personnel shall be deducted from the pay-

ments due to the Consultant.

2.26.3 Substitution of the Team Leader will not normally be considered and may lead to

disqualification of the Applicant or termination of the Agreement.

2.27 Indemnity

The Consultant shall, subject to the provisions of the Agreement, indemnify the

Authority, for an amount not exceeding the value of the Agreement, for any di-

rect loss or damage that is caused due to any deficiency in Services.

2.28 Award of Consultancy

After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by

the Authority to the Selected Applicant and the Selected Applicant shall, within

7 (seven) days of the receipt of the LOA, sign and return the duplicate copy of

the LOA in acknowledgement thereof. In the event the duplicate copy of the

LOA duly signed by the Selected Applicant is not received by the stipulated

date, the Authority may, unless it consents to extension of time for submission

thereof, appropriate the Bid Security of such Applicant as mutually agreed ge-

nuine pre-estimated loss and damage suffered by the Authority on account of

failure of the Selected Applicant to acknowledge the LOA, and the next highest

ranking Applicant may be considered.

2.29 Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected Applicant, it

shall execute the Agreement within the period prescribed in Clause 1.8. The Se-

lected Applicant shall not be entitled to seek any deviation in the Agreement.

2.30 Commencement of assignment

The Consultant shall commence the Services at the Project site within 14 (four-

teen) days of the date of the Agreement, or such other date as may be mutually


agreed. If the Consultant fails to either sign the Agreement as specified in Clause

2.29 or commence the assignment as specified herein, the Authority may invite

the second ranked Applicant for negotiations. In such an event, the Bid Security

of the first ranked Applicant shall be forfeited and appropriated in accordance

with the provisions of Clause 2.20.5.

2.31 Proprietary data

Subject to the provisions of Clause 2.23, all documents and other information

provided by the Authority or submitted by an Applicant to the Authority shall

remain or become the property of the Authority. Applicants and the Consultant,

as the case may be, are to treat all information as strictly confidential. The Au-

thority will not return any Proposal or any information related thereto. All infor-

mation collected, analyzed, processed or in whatever manner provided by the

Consultant to the Authority in relation to the Consultancy shall be the property of

the Authority.



3. CRITERIA FOR EVALUATION

3.1 Evaluation of Technical Proposals

3.1.1 In the first stage, the Technical Proposal will be evaluated on the basis of Appli-

cant‟s experience, its understanding of TOR, proposed methodology and Work

Plan, and the experience of Key Personnel. Only those Applicants whose Tech-

nical Proposals get a score of 60 (sixty) marks or more out of 100 (one hundred)

shall qualify for further consideration, and shall be ranked from highest to the

lowest on the basis of their technical score (ST).

3.1.2 Each Key Personnel must score a minimum of 60% (sixty per cent) marks except

as provided herein. A Proposal shall be rejected if the Team Leader scores less

than 60% (sixty per cent) marks or any two of the remaining Key Personnel

score less than 60% (sixty per cent) marks. In case the Selected Applicant has

one Key Personnel, other than the Team Leader, who scores less than 60%

marks, he would have to be replaced during negotiations, with a better candidate

who, in the opinion of the Authority, would score 60% (sixty per cent) or above.


3.1.3 The scoring criteria to be used for evaluation shall be as follows.

S no Criteria Marks Criteria

1. Project expe-

rience of the

Applicant

40 • Category 1:More than 5 years of global

experience in advisory services around

Sustainability, Green Construction, cli-

mate change resilience, socio-economic

assessments (5 marks per project, maxi-

mum up to 10 marks)

Category 2: Experience in sustainable

transport policy / programme develop-

ment/implementation

(7.5 marks)

Category 3: Should have more than 5

years experience in designing and/or im-

plementing renewable energy strategies

and/or programmes

(7.5 marks)

Category 4:Experience in financial fea-

sibility assessments of low carbon

projects and raising financing through in-

ternational climate/concessional financ-

ing institutions ( 7.5 marks)

Category 5: The consortium / Appli-

cant must have completed at least 1

project related to Green rated build-

ings (IGBC or GRIHA). The mini-

mum cost of the project shall be Rs.

100 Cr. (7.5 marks)

Notes:

a) 40% marks shall be provided for one

assignment in each category.

b) 20% additional marks shall be provided for

each additional assignment for up to next

three assignments in each category.




2. Understand-

ing, proposed

methodology

and work

Plan

30 • Evaluation will be based on the quality

of submissions and relevance to terms of

reference

• Approach and Methodology (15

marks)

• Work plan (05 marks)

• Presentation (10 marks)

3. Relevant Ex-

perience of

the Key Per-

sonnel

30 a) Educational Qualifi-

cation

15%

i) Meets minimum qualifica

tion

10%

ii) Additional relevant quali-

fication (only additional post

graduate degree or doctorate)

5%

b) Number of years of expe-

rience

15%

i) Meets minimum number of

years of experience

10%

ii) Any additional number of

years of experience maxi-

mum upto 5 years (1% marks

for each year)

5%

c) Experience relevant to re-

quirements under terms of

reference

70%

(14% for

each as-

signment)

3.1 • Team Leader

cum Urban Man-

agement special-

ist

8 At least 15 yrs experience in Urban Sector.

Experience of green building projects, prepa-

ration of CDPs/ Master plans/ Strategic Plan/

City Business Plans/ City Investment Plan/

Vision Documents.



3.2 • Urban Planner

7 At least 10 yrs experience in Urban Sector.

Experience of green building projects, prepa-

ration of CDPs/ Master plans/ Strategic Plan/

City Business Plans/ City Investment Plan/

Vision Documents.

3.3 Environmental

Planner / Engi-

neer

6 At least 05 years of related project experience.

Professional experience in environmental man-

agement, clean technologies, planning and pol-

icy, applications of environmentally sustainable

water sanitation and solid waste management

techniques

3.4 Energy efficiency

specialist and

climate change

modeller

5 At least 10 years of professional experience in

energy efficiency applications and retrofits to

urban services

Climate Change modelling experience of at

least 05yrs.

Experience in Green / Renewable energy

technologies. Should be accredited profes-

sional of IGBC or GRIHA

3.5 Landscape

architect 4 At least 05 years of professional experience in

green landscaping in urban areas. Should be ac-

credited professional of IGBC or GRIHA

Note:

• In case of consortium, combined technical experience would be considered.

3.2 Short-listing of Applicants

Of the Applicants ranked as aforesaid, not more than 5 (five)shall be pre-

qualified and short-listed for financial evaluation in the second stage. However,

if the number of such pre-qualified Applicants is less than two, the Authority

may, in its sole discretion, pre-qualify the Applicant(s)whose technical score is

less than 60 (sixty) points even if such Applicant(s) do(es) not qualify in terms of

Clause 3.1.2; provided that in such an event, the total number of pre-qualified

and short-listed Applicants shall not exceed two.

3.3 Evaluation of Financial Proposal

3.3.1 In the second stage, the financial evaluation will be carried out as per this Clause

3.3. Each Financial Proposal will be assigned a financial score (SF) as specified

in clause 3.3.3.



3.3.2 For financial evaluation, the total cost indicated in the Financial Proposal as spe-

cified in Form -2 of Appendix-II, will be considered.

3.3.3 The Authority will determine whether the Financial Proposals are complete, un-

qualified and unconditional. The cost indicated in the Financial Proposal shall be

deemed as final and reflecting the total cost of services. Omissions, if any, in

costing any item shall not entitle the firm to be compensated and the liability to

fulfill its obligations as per the TOR within the total quoted price shall be that of

the Consultant. The lowest Financial Proposal (FM) will be given a financial

score (SF) of 100 points. The financial scores of other Proposals will be com-

puted as follows:

SF = 100 x FM/F

(F = amount of Financial Proposal)

3.4 Combined and final evaluation

3.4.1 Proposals will finally be ranked according to their combined technical (ST) and

financial (SF) scores as follows:

S = ST x Tw + SF x Fw

Where S is the combined score, and Tw and Fw are weights assigned to Technical

Proposal and Financial Proposal, which shall be 0.75 and 0.25 respectively.

3.4.2 The Selected Applicant shall be the first ranked Applicant (having the highest

combined score).

4. FRAUD AND CORRUPT PRACTICES


4.1 The Applicants and their respective officers, employees, agents and advisers

shall observe the highest standard of ethics during the Selection Process. Not-

withstanding anything to the contrary contained in this RFP, the Authority shall

reject a Proposal without being liable in any manner whatsoever to the Appli-

cant, if it determines that the Applicant has, directly or indirectly or through an

agent, engaged in corrupt practice, fraudulent practice, coercive practice, unde-

sirable practice or restrictive practice (collectively the “Prohibited Practices”)

in the Selection Process. In such an event, the Authority shall, without prejudice

to its any other rights or remedies, forfeit and appropriate the Bid Security or

Performance Security, as the case may be, as mutually agreed genuine pre-

estimated compensation and damages payable to the Authority for, inter alia,

time, cost and effort of the Authority, in regard to the RFP, including considera-

tion and evaluation of such Applicant‟s Proposal.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove

and the rights and remedies which the Authority may have under the LOA or the

Agreement, if an Applicant or Consultant, as the case may be, is found by the

Authority to have directly or indirectly or through an agent, engaged or indulged

in any corrupt practice, fraudulent practice, coercive practice, undesirable prac-

tice or restrictive practice during the Selection Process, or after the issue of the

LOA or the execution of the Agreement, such Applicant or Consultant shall not

be eligible to participate in any tender or RFP issued by the Authority during a

period of 2 (two) years from the date such Applicant or Consultant, as the case

may be, is found by the Authority to have directly or through an agent, engaged

or indulged in any corrupt practice, fraudulent practice, coercive practice, unde-

sirable practice or restrictive practice, as the case may be.

4. 3 For the purposes of this Section, the following terms shall have the meaning he-

reinafter respectively assigned to them:

(a) “Corrupt practice” means (i) the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence the action of any

person connected with the Selection Process (for avoidance of doubt, offer-

ing of employment to or employing or engaging in any manner whatsoever,

directly or indirectly, any official of the Authority who is or has been asso-

ciated in any manner, directly or indirectly with the Selection Process or

the LOA or has dealt with matters concerning the Agreement or arising the-

refrom, before or after the execution thereof, at any time prior to the expiry

of one year from the date such official resigns or retires from or otherwise

ceases to be in the service of the Authority, shall be deemed to constitute

influencing the actions of a person connected with the Selection Process);

or (ii) save as provided herein, engaging in any manner whatsoever, wheth-

er during the Selection Process or after the issue of the LOA or after the

execution of the Agreement, as the case may be, any person in respect of

any matter relating to the Project or the LOA or the Agreement, who at any

time has been or is a legal, financial or technical consultant/ adviser of the

Authority in relation to any matter concerning the Project;

(b) “Fraudulent practice” means a misrepresentation or omission of facts or

disclosure of incomplete facts, in order to influence the Selection Process;



(c) “Coercive practice” means impairing or harming or threatening to impair

or harm, directly or indirectly, any persons or property to influence any

person‟s participation or action in the Selection Process;

(d) “Undesirable practice” means (i) establishing contact with any person

connected with or employed or engaged by the Authority with the objective

of canvassing, lobbying or in any manner influencing or attempting to in-

fluence the Selection Process; or (ii) having a Conflict of Interest; and

(e) “Restrictive practice” means forming a cartel or arriving at any under-

standing or arrangement among Applicants with the objective of restricting

or manipulating a full and fair competition in the Selection Process.

5. PRE-PROPOSAL CONFERENCE

5.1 Pre-Proposal Conference of the Applicants shall be convened at the designated

date, time and place. Only those Applicants, who have purchased the RFP docu-

ment or downloaded the same from the Official Website of the Authority, shall

be allowed to participate in the Pre-Proposal Conference. A maximum of two

representatives of each Applicant shall be allowed to participate on production of

an authority letter from the Applicant.

5.2 During the course of Pre-Proposal Conference, the Applicants will be free to

seek clarifications and make suggestions for consideration of the Authority. The

Authority shall endeavour to provide clarifications and such further information

as it may, in its sole discretion, consider appropriate for facilitating a fair, trans-

parent and competitive Selection Process.

6. MISCELLANEOUS

6.1 The Selection Process shall be governed by, and construed in accordance with,

the laws of India and the Courts in the State in which the Authority has its head-

quarters shall have exclusive jurisdiction over all disputes arising under, pursuant

to and/or in connection with the Selection Process.

6.2 The Authority, in its sole discretion and without incurring any obligation or lia-

bility, reserves the right, at any time, to:

(a) suspend and/or cancel the Selection Process and/or amend and/or supple-

ment the Selection Process or modify the dates or other terms and condi-

tions relating thereto;

(b) consult with any Applicant in order to receive clarification or further in-

formation;


(c) retain any information and/or evidence submitted to the Authority by, on

behalf of and/or in relation to any Applicant; and/or

(d) independently verify, disqualify, reject and/or accept any and all submis-

sions or other information and/or evidence submitted by or on behalf of any

Applicant.

6.3 It shall be deemed that by submitting the Proposal, the Applicant agrees and re-

leases the Authority, its employees, agents and advisers, irrevocably, uncondi-

tionally, fully and finally from any and all liability for claims, losses, damages,

costs, expenses or liabilities in any way related to or arising from the exercise of

any rights and/or performance of any obligations hereunder, pursuant hereto

and/or in connection herewith and waives any and all rights and/or claims it may

have in this respect, whether actual or contingent, whether present or future.

6.4 All documents and other information supplied by the Authority or submitted by

an Applicant shall remain or become, as the case may be, the property of the Au-

thority. The Authority will not return any submissions made hereunder. Appli-

cants are required to treat all such documents and information as strictly confi-

dential.

6.5 The Authority reserves the right to make inquiries with any of the clients listed

by the Applicants in their previous experience record.

Schedule – 1: Terms of Reference

41

SCHEDULES

42

SCHEDULE–1

(See Clause 1.1.3)

Consultancy Services for

Appointment of Planning Consultant for Green and Blue Master Plan for

Bhopal Smart City

Terms of Reference (TOR)

44

1. Vision & Introduction

Bhopal is also known as the “city of lakes”. It has approximately 30,000 acres

of green cover as it has two large lakes and several natural parks including a

national park where animals are kept in their natural habitat. However, Bhop-

al‟s tree cover has reduced drastically over past several decades. For instance,

the green cover reduced from 92% in 1977 to 67% in 1992. Moreover, with

the current rate of urbanization, it is expected to reduce to 11% by 2030*

(*Source: Centre for Ecological Sciences, IISc, Bangalore).

Consequently, Bhopal Municipal Corporation (BMC) and Bhopal Smart City

Development Corporation Limited (BSCDCL) has decided to create a “green

master plan” for the city. The main goals of the plan are:

i) to maintain and grow the green cover

ii) to further influence the lifestyle indicators of the citizens

iii) to promote an environmentally sustainable city.

The BSCDCL has decided to create a Green Master Plan with the follow-

ing vision:

Bhopal will serve as a model city, the first city to create a sustainable sys-

tem that can be replicated in the rest of the country

Along with the BMC, the BSCDCL has decided to establish Bhopal as a mod-

el city for an integrated green and blue master plan. The vision is to make

Bhopal one of the most live able cities and have high lifestyle indicators. The

integrated green and blue master plan is not only to improve the living stan-

dards of the citizens but also develop a sustainable smart growth approach for

the city.


45

The goal of the integrated green and blue master plan and the vision for the

city is to set Bhopal on the international map. This will not only make Bhopal

the most livable city in the country but will also create conditions for local and

international businesses to thrive in the city as well in the neighboring region.

The larger aim is to set Bhopal as the place for people centric development

and a cultural hub for arts, architecture, crafts and natural heritage.

TERMS OF REFERENCE 1. Background

In 1956 Bhopal was declared the capital of newly re-organized State of Madhya Pra-desh. In the same decade, the Industrial Township of Bharat Heavy Electricals Li-mited (BHEL) was also established 3 km east of the then city boundary. As a result of these two interventions, Bhopal has witnessed a substantial population growth. Capi-tal Project Township T. T. Nagar was built south of the lakes to support the capital. The military cantonment moved to Bairagarh area to the west of the old city. In the decade 1971-1981, the city boundary was increased to bring BHEL Township and Bairagarh within the Bhopal Municipal Corporation limits. The wards increased from 39 to 56. The new wards added were 1-5 and 47-56 while some older wards were subdivided. In 1994, the number of wards in the city increased to 66 though the city boundary remained the same. Bhopal has not grown as a single city but as dis-creet townships, with sparse outgrowth in between, as follows:

• The old city and its periphery, • BHEL Township, • Capital Project (T. T. Nagar), • Bairagarh, and • New out growth.

Today Bhopal has grown into a city, which in spite of being modern upholds the pa-trician mark of its bygone rulers. The city provides a fascinating blend of scenic beau-ty with its lakes, parks, temples, mosques, gardens, museums, statues and buildings. The city is blessed with a beautiful topography blessed with ridges in between. Be-cause of the undulating terrain and lot of water bodies, there is a lot of scope for inte-grating the green and blue spheres. There are about 13 ridges within the city which is dotted with many lakes. The ridges are: Shamla Hill Ridge; Arera Hill Ridge; Char Imli Hill Ridge; Idgah Hill Ridge; Singar Choli Hill Ridge; Baghsewania, Laharpur, AmarawadKhurd Ridge; SinghpurSewania Gond Hill Ridge; Sewania Gond Hill Ridge; Prempura-Dharampuri Hill Ridge; Chhawani Hill Ridge; Hill configuration around the Kaliasote; and the Kerwa. These ridges give beautiful backdrop to the city from many vantage points. However, the haphazard development and encroachment of the hillocks is resulting into a chaotic urban scenario. Using the opportunity pro-vided by the Smart City initiative, the city is looking forward to develop a Green Mas-ter and blue Plan in order to achieve the following objectives. Below table shows some salient features of the City, Bhopal.

46

Some features of Bhopal

Population 23,71,061

Municipal Area 450 SqKm

Area of the city 285.00 Sq Km

Population Density 3,887/km2 (10,070/sq mi)

As per CDP - 50 pph

Literacy 85%

Elevation 527 m (1,729 ft)

Precipitation 1,123.1 millimetres (44.22 in)

Avg. high temperature 31.7 °C (89.1 °F)

Avg. low temperature 18.6 °C (65.5 °F)

% of the State Population 2.57%

Sex Ratio 890

% of Slum Population 31.0 %

No of Wards 85

No of Zones 19

Water Supply 234.3 MLD

Solid Waste generated 550 T per day

Height above MSL Height varying from 460 to 625 MSL.

Wind Direction Westerly and south –westerly.

Drainage pattern Three main valleys provide the natural drai-

nage

Physical features Hilly terrain sloping towards north and south-

east

Mineral Resources There are no known, minerals

Soil Profile

Hard red soils with rocky outcrops and black

cotton soil having depth ranging between 4' to

10‟.

Economy Economy is driven primarily by cotton, elec-

trical goods, jewellery and chemical industry.

Institutions in the city ISRO (Master Control Facility), AIIMS, Na-

tional

Law Academy, MANIT and SPA along with

200 engineering, management and medical in-

stitutions.


47

2. Scope of Work

From Green Cities–A Sustainable Urban Future in Southeast Asia, a Technical Assis-

tance document from ADB, guidelines for preparing a Green City Action Plans is

provided. We adapt the similar guidelines and propose to develop a Green and blue

Master Plan for the city of Bhopal. It is envisaged that the same will be achieved by:

(i) Developing an urban profile covering environment and socioeconomic

conditions, and a needs assessment for city to identify and prioritise poten-

tial urban sector projects for increasing resource efficiency and resilience

in urban services; and

(ii) Developing an urban management and implementation plan, including in-

vestment and capacity development plans for new initiatives and retrofits

for the short and long term. Short-term investment projects will focus on

resilient urban services in transport, energy, and environment (water,

wastewater, and solid waste).

(iii) Creating green spaces within the city with respect to urban design prin-

ciples.

1.1. Main objective: to develop and implement policies, programs, and projects

that mainstream integrated urban planning and environmental management

that will enhance the, social, and environmental sustainability of urban in-

frastructure and services.

It is envisaged that the city of Bhopal will have Green and a Blue Master

Plan under the ongoing Bhopal Smart City development project. The pur-

pose of Green master Plan is to achieve a 100% green buildings and neigh-

borhoods in phases. Apart from providing the basic services (e.g.water

supply, sewerage, urban transport) to households and build amenities for all,

this Green Master Plan will envisage full utilization of the land parcels.

Some of the basic principles of the Green and blue master Plan will be:

i. Ensure that 100% of the houses and the buildings are green by the

horizon year 2036;

a. Feasibility of converting the existing building stock towards

Green rating

b. Prepare implementable strategies for making all the future

construction green1 and convert the existing building stock in

to green rating in a phased manner

c. Provide options and technologies which are adaptable and

customizable for Bhopal city

1 Green rating acceptable to the Client – either IGBC, GRIHA, or any other prescribed format.

48

d. Devise incentives (and disincentives) based system to en-

courage individuals, associations of individuals and institu-

tions to adhere to the Green guidelines2

e. To provide strategy for Retrofitting of existing buildings to

check how much Green they are and identify the potential to

become Green.

ii. To provide quality of life to its citizens by improving natural re-

sources of the city and neighborhood;

a. Provide evaluation and monitoring mechanism to ensure that

the strategies are working.

b. To provide Green urban spaces and O & M policy

c. Reduce impacts of pollution on surrounding areas from solid

and liquid waste disposal

iii. To provide strategies to making Bhopal resilient considering exist-

ing vulnerabilities and various scenarios of climate change

a. Identify social, physical, economic and ecological vulnera-

bilities

b. Develop various climate change induced scenarios for the

city informed by city expansion and changing per capita re-

source use

c. Provide shocks and stress mitigation measures in order to

minimize the risks and transfer the risks across institutions.

iv. To propose strategies to connect open spaces across the city –

through green-blue channels integrating with the pedestrian path

ways pan city

a. Identify existing and potential green areas within the city and

the surrounding areas (either manually or using remote sens-

ing techniques) and documenting the same along with the

broad ownership details

b. Developing an ecological Continuum Connectivity.

v. To promote public transport and encourage integration of non-

motorized transport as a means of commute within the city

a. Identify methods to how to make the existing transport net-

works, Green

b. Combine motorized and non-motorized transport modes in

order to achieve mitigate the externalities of the motorized

transport

c. Integrate green infrastructure with the transport network to

ensure mitigation of pollution.

vi. To formulate a periodic evaluation and monitoring system

a. Propose and provide a mechanism to monitor and evaluate

the achievements in the above mentioned components

b. Provide formats to various departments to prepare, update

2 Guidelines prepared by the Consultant for the implementation of Green Master Plan


49

and provide periodical updates on various milestones

c. To announce incentives (in the form of prizes, awards, tro-

phies) to individuals, association of individuals and institu-

tions for achieving results.

d. Minimizing the waste and optimal use of resources to aid to

reducing the foot-print

e. To explore the urban metabolism of carbon and suggest me-

thods to close the waste loops and generate green outputs

(manure and gases, etc.)

vii. To Integrate the Green Master Plan with Blue Master Plan.

viii. Green Cover AS - IS study and inventory.

The as is map will be prepared at a scale of 1:10,000 on GIS plat-

form and the green areas will be marked with dominant species and

dominant age of the trees. The older trees with DBH of more than 60

cm will be marked in the map. The associated database will also in-

clude, current ownership and management arrangements.

All water bodies lager than 0.25 ha will be marked. Catchment area

and drainage inlet and outlet details will be marked along with area

encroached during last five decades based on toposheets and cada-

stral maps. The database will include the areas, average depth, quali-

ty of water, seasonal and perennial inlets, sewage inflow, weed

growth & other problems faced. current ownership and management

arrangements, flood incidences in catchment and due to outflow will

also be collected.

ix. Topographical studies for undulating areas, plant species to be

planted etc.

Topographic map will be prepared in 1:10000 scale on GIS plat-

form. Contour interval of 1 m will be necessary. The existingopen

drainage and blockages/bridges and other obstructions will also be

marked.

Based on the terrain analysis type of suitable species will be identi-

fied. Requirement of fence, Irrigation needs during juvenile stage,

shade tolerance and also other horticultural requirements will also be

provided.

x. Identify options for increasing green cover, carbon fixation and

ecologically sensitive energy saving options across scales includ-

ing options such as urban agriculture, green roofs, conservation

of local water bodies.

The options will be provided for public gardens, avenue plantations,

private green areas, shade trees to protect buildings and green roofs

etc. The options will also include possible promotion of these green-

ing projects and possible management options. In case of green

roofs etc, possible technologies for irrigation etc. will be provided.

Indicative costs for each one of the options will also be provide. A

package of practices for the greening projects will be provided.

50

It is necessary to provide options for AMC of these green cover

project through micro enterprises.

A detailed plan for conservation of water bodies will be developed.

Starting with the proposing possible use and conservation goals for

each water body. It will also identify current challenges, possible

stakeholders for conserving each water body, institutional arrange-

ments, finance requirements, possibility of income generation

through fisheries, tourism etc. and possible funding sources to con-

serve them.

xi. Review of Municipal mechanism for O & M.

Current O&M mechanism of green cover and water body conserva-

tion of the municipality, staff availability, budget and status of con-

servation will be analyzed. The analysis should identify gaps and

possible methods for future engagement of other stakeholders in-

cluding possibility of devolution to some or all roles to the stake-

holder groups//private sector.

xii. Identify existing and proposed stakeholders and roles for plan-

ning, implementing and managing green and blue infrastruc-

ture.

Conduct a detailed stakeholder analysis and prepare report including

their capacity, interest and willingness to engage in implementing

green initiatives. Following groups of stakeholders need to be in-

cluded: private sector including industries, chamber of commerce,

real estate groups, shopkeepers and hotel owners associations, com-

munities including resident welfare associations, faith groups and

caste associations, poor. Egalitarian institutions including Civil so-

ciety organizations, Academic institutions, faith groups, media etc.

The activities include actual implementation and conservation, fi-

nancing, awareness campaigns, research, monitoring etc..

xiii. Develop Policy and practical mechanisms to devolve roles to dif-

ferent stakeholders across scales.

Involvement of ground level organizations and communities is criti-

cal for ensuring the green and blue master plan to work and sustain.

Devolution of roles and responsibilities will be essential part of the

master plan to reduce burden of management on municipality alone.

It is suggested that agreements with the local stakeholders will be

essential for ensuring these. It is suggested that the agreements

should ensure public access and rights while devolving roles to the

local stakeholders. A set of policies to facilitate devolution are ne-

cessary along with guidelines and different types draft agreements.

These agreements may include multiple parties taking up different

roles.

xiv. Mechanisms to ensure Community level participation in the city

for building awareness, implementation and management of lo-

cal green and blue resources.

It is necessary to develop interest and get buy-in from the communi-


51

ties to ensure sustainability of interventions. These would require a

variety of tools and methods including mass campaigns, focused

awareness programs et cetera. Also communities may require differ-

ent types of support for implementation and management of the re-

sources. A strategy for ensuring community level participation needs

to be worked out with sufficient details including target groups, and

potential roles for the communities and possible support required

from other stakeholders.

xv. Create options for green jobs, especially focused on normal

workers and small and medium scale local enterprises.

The activities such as water body conservation, cool roofs and green

roofs, urban agriculture et cetera can potentially create jobs in instal-

lation and operations and maintenance. Annual maintenance con-

tracts may be one of the options to ensure O&M. Feasibility of de-

veloping skill development centers and in the entrepreneur ship

training programs may be necessary to promote skilled workers and

micro enterprises to ensure sustenance of green and blue programs.

xvi. Develop options for developing rural - urban inter linkages to

strengthen green practices (e.g. food, nutrients and manure) and

reducing pollution impact foot prints of the city.

It will be necessary to connect the surrounding to the areas with the

city green and blue master plan implementation activities. A signifi-

cant amount of synergy is possible between rural and urban areas in

making cities green and water sensitive. A set of options should be

created and documented for possible linkage between city and their

to the hinterland.

xvii. Mechanism for O & M, after execution of the packages.

O&M will be important for managing the water bodies as well as

green areas. A set of options for O & M should be explored and do-

cumented which can be grounded by involvement of other stake-

holders, if necessary.

xviii. To design and implement Climate resilient policy.

Bhopal faces both temperature and precipitation extremes. Green

and blue master plan should be informed by the climate variability

and change and be able to increase the resilience of the city to these

climate extremes. An analysis of climate -related risks specific to

Bhopal should be done and potential for integrating resilience in

green and blue master plan should be explored. Specific measures

for improving resilience two temperature and precipitation extremes

should be provided.

xix. Blue water and grey water maintenance and efficient use.

The city‟s water bodies face challenges of pollution from grey and

black water flow from the city. The purpose of this activity is to re-

duce pollution into the water bodies by managing the grey and black

water flowing into them. This study will focus on integrating green

master plan with the blue master plan by using ecological engineer-

ing as the methods to reduce the pollution in the water bodies.

52

xx. To provide Strategies for carbon footprint reduction in the city.

Decarburization of the city is necessary to ensure sustainability and

reduce air pollution. Also, with increasing pressure on reduction of

fossil fuel use, the city need to learn to reduce the carbon footprint

and learn to live with minimal carbon consumption by increasingly

using the circular economy of the carbon. This study will develop m

strategies to reduce carbon footprint of the city. Indicative measures

to reduce the carbon from print by intelligent use of green areas

should be explored. Strategies for Reduction in use of energy for

space cooling through greening the city, reuse of carbon within the

city should be developed

xxi. To introduce and implement Green building policies with re-

spect to LEED and GRIHA guidelines.

It may be necessary to ensure that the all new buildings meet the

LEED / Griha specifications. Strategies to introduce and implement

these guidelines should include awareness generation, creating an

enabling environment, ensuring buy-in from diverse stakeholders

and introduction of regulations is necessary to ensure adherence.

This study will provide strategies to mainstream these guidelines in

the city.

xxii. Water and lake conservation policy review with implication me-

thodology.

There is a need for revisiting the current lake conservation policy, as

it relies mostly on the government stakeholders only. Multiple

stakeholder engagement, as well as devolution of certain responsi-

bilities such as catchment management are necessary to ensure sus-

tainable management of the lakes. First of all it is a necessary two

define the possible use and goals for ensuring sustainable conserva-

tion of lakes. Currently the lake is used for different conflicting uses

such as drinking water source and recreation. Resolution of these

conflicts are necessary to define the new goals for conservation.

xxiii. Provision of Rain water harvesting in the existing and newly

constructing buildings.

Rainwater harvesting is necessary to reduce the impacts of growing

demand as well as build resilience to climate change. This study

may explore the feasibility of rainwater harvesting in existing build-

ing types and new buildings. Retrofitting options will be developed

or dominant building types and contexts within the city.

xxiv. Action plan for implementation of all the activities and integra-

tion with ongoing projects of Solid waste Management and se-

werage projects of Bhopal Municipal Corporation

For successful implementation of green and blue master plans, it is

essential to develop synergy with other current and ongoing pro-

grams on solid waste management, sewerage which are directly


53

linked with green and blue master plan is. An action plan should be

developed integrating these programs with the green and blue master

plans. Anticipatory planning will be required we include other poss-

ible projects in solid waste management and sewerage sector that

can be integrated with the blue and green master plan is

xxv. To study and make the Green master plan such that it can com-

plement with the other government schemes like AMRUT,

Housing for All etc. (Convergence with other Projects)

This study will explore potential to build convergence with the

AMRUT and Housing for All programmes being implemented in the

city. It is an opportunity to demonstrate many green and blue tech-

nologies and practices in the ongoing programs, so that the other

stakeholders can be potentially influenced to integrate green and

blue master plan elements in their activities and neighborhoods. This

master plan will be integrated with the other programs so that they

can complementary to each other.

xxvi. Creating a platform for promotion of indigenous green technol-

ogies in the form of support center.

It will be necessary to create city level platform to engage in imple-

mentation and sustenance of the master plans. This platform will

comprise of diverse stakeholders and experts. It is also necessary to

develop centers for building skills, promote technologies and offer

support in implementation of green technologies to other stakehold-

ers. This study will identify suitable options for setting up and man-

aging such a citywide platform and the Centre for grounding green

master plan. Strategies for promoting context specific indigenous

green technologies can be explored through this study.

2.2 Description of services

The Consultant will assess and review

i. Urbanization trends in the city, including financial, management, gover-

nance, and institutional capacity to undertake urban development programs

and projects broadly

ii. Current urban metabolism covering water, energy and carbon (incl. Fossil

fuel and biomass) cycles, and best practice scenarios.

iii. Medium- and long-term urban development and sector plans in the city, such

as

(a) existing policies, plans, reports, standards, and studies relating to ur-

ban infrastructure investments, physical planning, design, and man-

agement;

(b) current socioeconomic development plans and city master plans (if

any); social equity concerns (recommendations on policy and institu-

tional reform) and readiness to address these challenges, and identify

best practice across cities;

54

(c) existing subsector development plans (as applicable to sustainability)

including urban roads and drainage, water supply and sanitation, sol-

id waste management;

(d) future development and priority needs in the project area, including

retrofitting options; and inform the integrated urban sustainability as-

sessments for improvements and necessary updates for the existing

development plans; (based on this the Consultant will formulate an

urban profile and baseline); and

(e) other information related to sustainability of (existing) investments in

the urban sector, including climate vulnerability especially, parame-

ters such as (lack of) urban climate resilience, which may affect criti-

cal urban infrastructure;

iv. Understand and estimate the core capacity and institutional structures re-

quired for integrated urban planning and environment management; plans

and policies, program and project formulation, and management of service

delivery with the objective of developing urban management partnerships

among stakeholders (potential options for developing the following innova-

tive mechanisms for implementing Green City will be explored and recom-

mended):

(a) knowledge sharing and improved competency in integrated urban

planning, environmental management, and climate resilience; streng-

thened capacity for green city project implementation; skills devel-

opment; and vocational education for green industry;

(b) existing financial mechanisms for the urban sector and innovative

finance mechanisms for sustainable Green City development, such as

structuring ward-specific models for urban infrastructure finance fa-

cilities and their scope of operations and indicative financing needs;

v. Spatial development needs covering policies and applications related to

(a) Sustainable transport;

(b) Technologies related to green buildings;

(c) Open space management including greenways and neighbourhood

greening, public space for recreation, open spaces, street lighting,

home zones, and urban farming;

(d) Infrastructure resilience covering essential services such as water

supply; wastewater treatment; solid waste management; sewerage

systems and storm-water drainage; adequacy, coverage, and efficien-

cy of urban services taking particular note of the environmental con-

ditions, i.e., sanitation, street drainage, garbage collection, and urban

forestation; and

(e) Urban density, overcrowding, and quality of housing with particular

consideration to poor urban communities;

vi. Water and sanitation needs, including policies and applications related to

(a) water resource management, i.e., basin-level management of shared

water resources, including delineating, mapping, and managing urban

watersheds/water bodies;

(b) water security: household, economic, and environmental water secu-

rity, including waterborne diseases; and water-related disaster resi-


55

lience;

(c) water management, governance, and use, e.g., regulatory framework;

demand-side management and planning; institutional coordination

and capacity; efficiency of water-saving devices, nonrevenue water,

and private sector participation;

(d) water supply, such as energy efficiency in water production, infra-

structure, coverage, access, quality of service;

(e) sanitation and wastewater management, i.e., access to sanitation, se-

werage collection, treatment plants, wastewater disposal, treatment

facilities, and recycling; and

(f) flood control, including efficient street drainage;

vii. Potential for redeveloping and retrofitting

(a) Brownfield, urban renewal, and infill buildings;

(b) old buildings and infrastructure to improve resource consumption

and energy efficiency; and

(c) innovative, environment-sensitive technologies for infrastructure

such as water, sanitation, energy, building technologies, including

waste to energy, and enhanced composting;

(d) Develop options for improving circular economy of water by meas-

ures such as decentralized waste water treatment, recycling and reuse

and integrating water and biomass cycles across scales. These op-

tions should be informed by urban metabolisms study as mentioned

above.

viii. Good practice examples and potential for replication in the selected cities in-

cluding

(a) improvement of environment infrastructure; climate resilience of crit-

ical infrastructure such as water supply, wastewater, and solid waste

management; application of innovative treatment technologies; and

(b) improved livelihood and employment potential through improved

tourism, green industries, and low carbon transport;The Consultants

will develop a comprehensive Green City database, comprising envi-

ronment quality data and urban profiles across various income group

locations.

ix. The Consultants will develop the Green City Master Plan and provide long-

term recommendations including

(a) Identify existing and proposed stake holders across scales starting from

households to city scales

(b) Policy and institutional reform, readiness to address identified challenges

in each ward/zone, and identification of best practice across wards;

(c) Development and adoption of an environment charter;

(d) Identification of short-, medium- and long-term goals, stakeholders, ac-

tions, and targets with performance indicators covering means and op-

tions to conserve energy and water, reduce waste, address global warm-

ing, tailor urban design, protect natural habitats, improve transportation

options, and reduce risks to human health;

56

(e) Design ward/neighborhood level Green technology support centers that

can develop awareness, train local practitioners and provide technical

support services to potential users to promote green technologies across

scales

(f) Identify options and potential solutions for improved, sustainable, and

energy efficient water supply, sanitation, and solid waste management in

the selected project cities;

(g) Financial mechanisms for accessing resources;

(h) Institutional mechanism for implementation and capacity development

plans; including the capacity building and training assessment; and

(i) Development of mechanisms for monitoring environmental quality

through methods such as Remote sensing data, and integration of high

quality low density data by municipality/ third party as well as participa-

tory, low quality high density data on environmental parameters

(j) Develop incentive mechanisms for promoting and celebrating green liv-

ing. Such as seasonal/ annual green festivals, awards etc.

(k) Alignment with global targets such as the UNEP accords and applicabili-

ty of International Green City Environment monitoring indicators, moni-

toring Green City performance, and structuring a comprehensive Green

City database comprising environment quality data and urban profile; and

development of a Green City scorecard.

x. The Consultant while attempting to achieve the above mentioned principles,

need to keep the following in mind:

(a) Define the roles of all the stakeholders –households, private sector, city

administration, citizen groups, informal groups &NGOs etc. who can

promote green practices.

(b) Make sure that all the interventions are integrated across scales and

stakeholders in order achieve synergy.

(c) The House, Neighborhood, Colony, Ward, Zone and City level

(HNCWC) interventions should be identified and integrated,

(d) Water-Energy-Biomass interactions need to be integrated to develop a

good Green City Master Plan

NOTE - All the data collection, validation and measurement are to be done by con-

sultant from various agencies or relevant offices for the aforesaid work.


57

SECTION 3-GENERAL INFORMATION

58

3.1 Acts, Rules and Guidelines to be followed:

The Consultant is expected to prepare all the necessary documents as per the fol-

lowing acts, rules and guidelines as approved legally.

1. Smart cities – Mission Statement and Guidelines, MoUD, 2016

2. URDPFI Guidelines, 2015

3. The Madhya Pradesh Municipalities Act, 1961

4. The Madhya Pradesh Municipal Corporation Act, 1956

5. Madhya Pradesh Bhumi Vikas Rules, 2012

6. Madhya Pradesh Town and Country Planning Act, 1973

3.2 Time Frame for the Assignment

The time for completing the Assignment would be 52 weeks.


59

3.3 Team Composition

The Key Experts to be proposed in this assignment shall be from the organisation

itself or from the legal consortium. The Qualification Requirement of Key Experts

is indicated below:

1 Team Leader cum

Urban Manage-

ment

Postgraduate Degree

in Urban Planning/

Urban Management or

equivalent

• At least 15yrs experience in

Urban Sector.

• Experience of project man-

agement, preparation of





2 Urban Planner Master‟s degree in Ur-

ban Planning

• At least 10yrs experience in

Urban Sector.

• Experience of project man-

agement, preparation of





3 Environmental

Planner / Engineer

Master‟s degree in En-

vironmental Plan-

ning/Engineering

• At least 05 years of related

project experience

• Professional experience in

environmental manage-

ment, clean technologies,

planning and policy, appli-

cations of environmentally

sustainable water sanitation

and solid waste manage-

ment techniques

4 Energy efficiency

specialist and cli-

mate change

modeler

Master‟s degree in

Energy Studies or Civil

Engineering with rele-

vant experience in

energy related studies

in urban areas


sional experience in energy

efficiency applications and

retrofits to urban services

• Climate Change modelling

experience of at least 5yrs

• Experience in Green /

Renewable energy

60

technologies.

5 Landscape archi-

tect

Master‟s Degree in

Landscape architect


sional experience in green

landscaping in urban areas

3.4 Output, Deliverables, Payment Terms

The following outputs are expected to be delivered in stages in total duration of as-

signment.

S.No Deliverables Number of cop-

ies

Time Period

(Cumulative)

from the date of

start of As-

signment

Payment

Schedule

0 Signing of contract T Nil


61

S.No Deliverables Number of cop-

ies

Time Period

(Cumulative)

from the date of

start of As-

signment

Payment

Schedule

1 Inception report (in-

cluding methodology,

scope of the study,

data collected, etc.)

3 Hard copies

with soft copy in

editable version

T+4 weeks 10% of the

contract price

on acceptance

of report by

SPV

2 Concept Plan (includ-

ing Needs identifica-

tion within each sec-

tor; Stakeholder map-

ping; Roles and Ac-

tions across Stake-

holder‟s)

3 Hard copies

with soft copy in

editable version


contract price

on acceptance

of Plan by

SPV

3 Pan city multi-stakeholder workshop T+13 weeks 5%

4 Draft Green Master

Plan (including

GDCR; development

simulation for a small

area; Institutional

Framework; Invest-

ment Plan; Financial

Mobilisation; etc.)

3 Hard copies

with soft copy in

editable version


contract price

on acceptance

of Plan by

SPV

5 Pan city multi-stakeholder workshop T+42 weeks 5%

6 Final Draft Green

Master Plan

5 Hard copies

with soft copy in

editable version

T+ 52 weeks 30% of the

contract price

on acceptance

of Plan by

ULB/SPV

Note: Processing time is the time between submission of the stage report and issue of

the minutes for approval/modification of the same and would be about 30days.The

period between the submission of stage report and its processing would not be in-

cluded in the period of assignment.

The Consultant will be required to make a presentation before the Evaluation Com-

mittee with in a week of submission of each of the above reports. The observa-

62

tions/suggestions of the Evaluation Committee will be in corporate in the next stage

of submission.

The payment will be come due on approval of the stage reports and on raising of

bills/ invoice by the consultant after the approval of the stage report .The processing

time of the payment will be 60 days for final payment and30 days for all other pay-

ments.

3.5 Procedure for Monitoring & Review of the Assignment

The Consultant‟s work will be monitored and reviewed by the Evaluation Committee

under the BSCDCL assigned Committee. The Consultant shall submit each of the above-mentioned deliverables as per the

schedule mentioned above. This will be followed by a presentation to the Evaluation

Committee within a week, where in, the Evaluation Committee members shall give

their comments and suggestions in the form of feedback. Subsequently, the Consul-

tant will incorporate all such comments and suggestions in their next stage report.

The Consultants will be provided space in the office of BSCDCL and should work

hereby in the office during the tenure of project.

Note: Monthly Progress Reports

The Consultant shall submit progress reports on monthly basis to the Client to keep

track of the project activities during the entire implementation phase. The consultant

will also submit a report on Key learning and lessons learned and a way forward.


63

SCHEDULE–2

(See Clause 2.1.3)

CONTRACT FOR CONSULTANT’S SERVICES

Project Name/Planning consultant for Green and Blue Master Plan Project for Bhop-

al Smart City

Contract No.____________________________

between

[Name of the Authority]

and

[Name of the Consultant]

Dated:

64

CONTENTS

1. General

1.1 Definitions and Interpretation

1.2 Relation between the Parties

1.3 Rights and Obligations

1.4 Governing law and jurisdiction

1.5 Language

1.6 Table of contents and headings

1.7 Notices

1.8 Location

1.9 Authority of Member-in-Charge

1.10 Authorised representatives

1.11 Taxes and duties

2. Commencement, Completion and Termination

of Agreement

2.1 Effectiveness of Agreement

2.2 Commencement of Services

2.3 Termination of Agreement for failure to commence Services

2.4 Expiry of Agreement

1.5. Entire Agreement

1.6. Modification of Agreement

2.7 Force Majeure

1.8. Suspension of Agreement

2.9 Termination of Agreement

3. Obligations of the Consultant

3.1 General


3.3 Confidentiality

3.4 Liability of the Consultant

3.5 Insurance to be taken out by the Consultant

3.6 Accounting, inspection and auditing

3.7 Consultant‟s actions requiring the Authority‟s prior approval

3.8 Reporting obligations

3.9 Documents prepared by the Consultant to be the property of the Authority

3.10 Equipment and materials furnished by the Authority

3.11 Providing access to the Project Office and Personnel

3.12 Accuracy of Documents

4. Consultant’s Personnel and Sub-Consultant

4.1 General

4.2 Deployment of Personnel

4.3 Approval of Personnel


4.5 Working hours, overtime, leave etc. 4.6 Resident Team Leader and Project Manager

4.7. Sub-Consultants


65

5. Obligations of the Authority

5.1 Assistance in clearances etc.

5.2 Access to land and property

5.3 Change in Applicable Law

5.4 Payment

6. Payment to the Consultant

6.1 Cost estimates and Agreement Value

6.2 Currency of payment

6.3 Mode of billing and payment

7. Liquidated damages and penalties


7.2 Liquidated Damages

7.3 Penalty for deficiency in Services

8. Fairness and Good Faith

8.1 Good Faith

8.2 Operation of the Agreement

9. Settlement of Disputes

9.1 Amicable settlement

9.2 Dispute resolution

9.3 Conciliation

9.4 Arbitration

ANNEXES Annex-1: Terms of Reference

Annex-2: Deployment of Personnel

Annex-3: Estimate of Personnel Costs

Annex-4: Approved Sub-Consultant(s)

Annex-5: Cost of Services

Annex-6: Payment Schedule

Annex-7: Bank Guarantee for Performance Security

66

AGREEMENT

APPOINTMENT FORCONSULTANCY SERVICES PREPARATION OF

GREEN MASTER PLAN FOR SMART CITY - BHOPAL

This AGREEMENT (hereinafter called the “Agreement”) is made on the

...........………. day of the month of ………… 20…, between, on the one hand, the

[President of India acting through ……………………….] (hereinafter called the

“Authority” which expression shall include their respective successors and permitted

assigns, unless the context otherwise requires) and, on the other hand,

…………………………………. (hereinafter called the “Consultant” which expres-

sion shall include their respective successors and permitted assigns).

WHEREAS

(A) The Authority vide its Request for Proposal for appointment of Planning con-

sultant for Bhopal smart city (hereinafter called the “Consultancy”) for the

……………….. Project (hereinafter called the “Project”);

(B) the Consultant submitted its proposals for the aforesaid work, whereby the

Consultant represented to the Authority that it had the required professional

skills, and in the said proposals the Consultant also agreed to provide the Ser-

vices to the Authority on the terms and conditions as set forth in the RFP and

this Agreement; and

(C) the Authority, on acceptance of the aforesaid proposals of the Consultant,

awarded the Consultancy to the Consultant vide its Letter of Award dated

.................. (the “LOA”); and

(D) in pursuance of the LOA, the parties have agreed to enter into this Agreement.

NOW, THEREFORE, the parties hereto hereby agree as follows:

1. GENERAL

1.1. Definitions and Interpretation

1.1.1 The words and expressions beginning with capital letters and defined in this

Agreement shall, unless the context otherwise requires, have the meaning he-

reinafter respectively assigned to them:

(a) “Agreement” means this Agreement, together with all the Annexes;

(b) “Agreement Value” shall have the meaning set forth in Clause 6.1.2;


67

(c) “Applicable Laws” means the laws and any other instruments having

the force of law in India as they may be issued and in force from time

to time;

(d) “Confidential Information” shall have the meaning set forth in Clause

3.3;

(e) “Conflict of Interest” shall have the meaning set forth in Clause 3.2

read with the provisions of RFP;

(f) “Dispute” shall have the meaning set forth in Clause 9.2.1;

(g) “Effective Date” means the date on which this Agreement comes into

force and effect pursuant to Clause 2.1;

(h) Deleted

(i) “Government” means the Government of .............;

(j) “INR, Re. or Rs.” means Indian Rupees;

(l) “Member”, in case the Consultant consists of a joint venture or con-

sortium of more than one entity, means any of these entities, and

“Members” means all of these entities;

(m) “Party” means the Authority or the Consultant, as the case may be,

and Parties means both of them;

(n) “Personnel” means persons hired by the Consultant or by any Sub-

Consultant as employees and assigned to the performance of the Ser-

vices or any part thereof;

(o) “Resident Personnel” means such persons who at the time of being so

hired had their domicile inside India;

(p) “RFP” means the Request for Proposal document in response to which

the Consultant‟s proposal for providing Services was accepted;

(q) “Services” means the work to be performed by the Consultant pursuant

to this Agreement, as described in the Terms of Reference hereto;

(r) “Sub-Consultant” means any entity to which the Consultant subcon-

tracts any part of the Services in accordance with the provisions of

Clause 4.7; and

(s) “Third Party” means any person or entity other than the Government,

the Authority, the Consultant or a Sub-Consultant.

All terms and words not defined herein shall, unless the context other-

wise requires, have the meaning assigned to them in the RFP.

1.1.2 The following documents along with all addenda issued thereto shall be

deemed to form and be read and construed as integral parts of this Agreement

68

and in case of any contradiction between or among them the priority in which

a document would prevail over another would be as laid down below begin-

ning from the highest priority to the lowest priority:

(a) Agreement;

(b) Annexes of Agreement;

(c) RFP; and

(d) Letter of Award.

1.2. Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of mas-

ter and servant or of agent and principal as between the Authority and the

Consultant. The Consultant shall, subject to this Agreement, have complete

charge of Personnel performing the Services and shall be fully responsible for

the Services performed by them or on their behalf hereunder.

1.3 Rights and obligations

The mutual rights and obligations of the Authority and the Consultant shall be

as set forth in the Agreement, in particular:

(a) the Consultant shall carry out the Services in accordance with the pro-

visions of the Agreement; and

(b) the Authority shall make payments to the Consultant in accordance

with the provisions of the Agreement.

1.4 Governing law and jurisdiction

This Agreement shall be construed and interpreted in accordance with and go-

verned by the laws of India, and the courts in the State in which the Authority

has its headquarters shall have exclusive jurisdiction over matters arising out

of or relating to this Agreement.

1.5 Language

All notices required to be given by one Party to the other Party and all other

communications, documentation and proceedings which are in any way rele-

vant to this Agreement shall be in writing and in English language.

1.6 Table of contents and headings

The table of contents, headings or sub-headings in this Agreement are for con-

venience of reference only and shall not be used in, and shall not affect, the

construction or interpretation of this Agreement.


69

1.7 Notices

Any notice or other communication to be given by any Party to the other Party

under or in connection with the matters contemplated by this Agreement shall

be in writing and shall:

(a) in the case of the Consultant, be given by e-mail and by letter delivered

by hand to the address given and marked for attention of the Consul-

tant‟s Representative set out below in Clause 1.10 or to such other per-

son as the Consultant may from time to time designate by notice to the

Authority; provided that notices or other communications to be given

to an address outside the city specified in Sub-clause (b) belowmay, if

they are subsequently confirmed by sending a copy thereof by regis-

tered acknowledgement due, air mail or by courier, be sent by e-mail to

the number as the Consultant may from time to time specify by notice

to the Authority;

(b) in the case of the Authority, be given by e-mail and by letter delivered

by hand and be addressed to the Authority with a copy delivered to the

Authority Representative set out below in Clause 1.10 or to such other

person as the Authority may from time to time designate by notice to

the Consultant; provided that if the Consultant does not have an office

in the same city as the Authority‟s office, it may send such notice by e-

mail and by registered acknowledgement due, air mail or by courier;

and

(c) any notice or communication by a Party to the other Party, given in ac-

cordance herewith, shall be deemed to have been delivered when in the

normal course of post it ought to have been delivered and in all other

cases, it shall be deemed to have been delivered on the actual date and

time of delivery; provided that in the case of e-mail, it shall be deemed

to have been delivered on the working days following the date of its

delivery.

1.8 Location

The Services shall be performed at the site of the Project in accordance with

the provisions of RFP and at such locations as are incidental thereto, including

the offices of the Consultant.

1.9 Authority of Member-in-charge

In case the Consultant consists of a consortium of more than one entity, the

Parties agree that the Lead Member shall act on behalf of the Members in ex-

ercising all the Consultant‟s rights and obligations towards the Authority under

this Agreement, including without limitation the receiving of instructions and

payments from the Authority.

1.10 Authorised Representatives

1.10.1 Any action required or permitted to be taken, and any document required or

permitted to be executed, under this Agreement by the Authority or the Con-

70

sultant, as the case may be, may be taken or executed by the officials specified

in this Clause 1.10.

1.10.2 The Authority may, from time to time, designate one of its officials as the Au-

thority Representative. Unless otherwise notified, the Authority Representa-

tive shall be:

..........

..........

Tel: ..........

Mobile: ..........

Email: ..........

1.10.3 The Consultant may designate one of its employees as Consultant‟s Repre-

sentative. Unless otherwise notified, the Consultant‟s Representative shall be:

..........

..........

Tel: ..........

Mobile: ..........

Email: ..........

1.11 Taxes and duties

Unless otherwise specified in the Agreement, the Consultant shall pay all such

taxes, duties, fees and other impositions as may be levied under the Applicable

Laws and the Authority shall perform such duties in regard to the deduction of

such taxes as may be lawfully imposed on it.

2. COMMENCEMENT, COMPLETION AND TERMINATION OF

AGREEMENT

1.1. Effectiveness of Agreement

This Agreement shall come into force and effect on the date of this Agreement

(the “Effective Date”).

1.2. Commencement of Services

The Consultant shall commence the Services within a period of 7 (seven) days

from the Effective Date, unless otherwise agreed by the Parties.


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1.3. Termination of Agreement for failure to commence Services

If the Consultant does not commence the Services within the period specified

in Clause 2.2 above, the Authority may, by not less than 2 (two) weeks‟ notice

to the Consultant, declare this Agreement to be null and void, and in the event

of such a declaration, the Bid Security of the Consultant shall stand forfeited.

1.4. Expiry of Agreement

Unless terminated earlier pursuant to Clauses 2.3 or 2.9 hereof, this Agreement

shall, unless extended by the Parties by mutual consent, expire upon the earlier

of (i) expiry of a period of 90 (ninety) days after the delivery of the final deli-

verable to the Authority; and (ii) the expiry of [1 (one) year] from the Effec-

tive Date. Upon Termination, the Authority shall make payments of all

amounts due to the Consultant hereunder.

1.5. Entire Agreement

1.1.1. This Agreement and the Annexes together constitute a complete and exclusive

statement of the terms of the agreement between the Parties on the subject he-

reof, and no amendment or modification hereto shall be valid and effective un-

less such modification or amendment is agreed to in writing by the Parties and

duly executed by persons especially empowered in this behalf by the respec-

tive Parties. All prior written or oral understandings, offers or other communi-

cations of every kind pertaining to this Agreement are abrogated and with-

drawn; provided, however, that the obligations of the Consultant arising out of

the provisions of the RFP shall continue to subsist and shall be deemed to

form part of this Agreement.

1.1.2. Without prejudice to the generality of the provisions of Clause 2.5.1, on mat-

ters not covered by this Agreement, the provisions of RFP shall apply.

1.6. Modification of Agreement

Modification of the terms and conditions of this Agreement, including any

modification of the scope of the Services, may only be made by written

agreement between the Parties. Pursuant to Clauses 4.2.3 and 6.1.3 hereof,

however, each Party shall give due consideration to any proposals for modifi-

cation made by the other Party.

1.7. Force Majeure

2.7.1 Definition

(a) For the purposes of this Agreement, “Force Majeure” means an event

which is beyond the reasonable control of a Party, and which makes a

Party‟s performance of its obligations hereunder impossible or so im-

practical as reasonably to be considered impossible in the circumstances,

and includes, but is not limited to, war, riots, civil disorder, earthquake,

fire, explosion, storm, flood or other adverse weather conditions, strikes,

lockouts or other industrial action (except where such strikes, lockouts

or other industrial action are within the power of the Party invoking

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Force Majeure to prevent), confiscation or any other action by govern-

ment agencies.

(b) Force Majeure shall not include (i) any event which is caused by the

negligence or intentional action of a Party or such Party‟s Sub-

Consultant or agents or employees, nor (ii) any event which a diligent

Party could reasonably have been expected to both (A) take into account

at the time of the conclusion of this Agreement, and (B) avoid or over-

come in the carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to

make any payment required hereunder.

1.1.2. No breach of Agreement

The failure of a Party to fulfil any of its obligations hereunder shall not be

considered to be a breach of, or default under, this Agreement insofar as such

inability arises from an event of Force Majeure, provided that the Party af-

fected by such an event has taken all reasonable precautions, due care and rea-

sonable alternative measures, all with the objective of carrying out the terms

and conditions of this Agreement.

1.1.3. Measures to be taken

(a) A Party affected by an event of Force Majeure shall take all reasonable

measures to remove such Party‟s inability to fulfil its obligations he-

reunder with a minimum of delay.

(b) A Party affected by an event of Force Majeure shall notify the other Par-

ty of such event as soon as possible, and in any event not later than 14

(fourteen) days following the occurrence of such event, providing evi-

dence of the nature and cause of such event, and shall similarly give no-

tice of the restoration of normal conditions as soon as possible.

(c) The Parties shall take all reasonable measures to minimise the

consequences of any event of Force Majeure.

1.1.4. Extension of time

Any period within which a Party shall, pursuant to this Agreement, complete

any action or task, shall be extended for a period equal to the time during

which such Party was unable to perform such action as a result of Force Maje-

ure.

1.1.5. Payments

During the period of its inability to perform the Services as a result of an event

of Force Majeure, the Consultant shall be entitled to be reimbursed for Addi-

tional Costs reasonably and necessarily incurred by it during such period for

the purposes of the Services and in reactivating the Services after the end of

such period.


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1.1.6. Consultation

Not later than 30 (thirty) days after the Consultant has, as the result of an event

of Force Majeure, become unable to perform a material portion of the Servic-

es, the Parties shall consult with each other with a view to agreeing on appro-

priate measures to be taken in the circumstances.

2.8 Suspension of Agreement

The Authority may, by written notice of suspension to the Consultant, suspend

all payments to the Consultant hereunder if the Consultant shall be in breach

of this Agreement or shall fail to perform any of its obligations under this

Agreement, including the carrying out of the Services; provided that such no-

tice of suspension (i) shall specify the nature of the breach or failure, and (ii)

shall provide an opportunity to the Consultant to remedy such breach or failure

within a period not exceeding 30 (thirty) days after receipt by the Consultant

of such notice of suspension.

1.9. Termination of Agreement

1.1.1. By the Authority

The Authority may, by not less than 30 (thirty) days‟ written notice of termina-

tion to the Consultant, such notice to be given after the occurrence of any of

the events specified in this Clause 2.9.1, terminate this Agreement if:

(a) the Consultant fails to remedy any breach hereof or any failure in the

performance of its obligations hereunder, as specified in a notice of sus-

pension pursuant to Clause 2.8 hereinabove, within 30 (thirty) days of

receipt of such notice of suspension or within such further period as the

Authority may have subsequently granted in writing;

(b) the Consultant becomes insolvent or bankrupt or enters into any agree-

ment with its creditors for relief of debt or take advantage of any law for

the benefit of debtors or goes into liquidation or receivership whether

compulsory or voluntary;

(c) the Consultant fails to comply with any final decision reached as a result

of arbitration proceedings pursuant to Clause 9 hereof;

(d) the Consultant submits to the Authority a statement which has a material

effect on the rights, obligations or interests of the Authority and which

the Consultant knows to be false;

(e) any document, information, data or statement submitted by the Consul-

tant in its Proposals, based on which the Consultant was considered eli-

gible or successful, is found to be false, incorrect or misleading;

(f) as the result of Force Majeure, the Consultant is unable to perform a ma-

terial portion of the Services for a period of not less than 60 (sixty) days;

or

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(g) the Authority, in its sole discretion and for any reason whatsoever, de-

cides to terminate this Agreement.

2.9.2 By the Consultant

The Consultant may, by not less than 30 (thirty) days‟ written notice to the

Authority, such notice to be given after the occurrence of any of the events

specified in this Clause 2.9.2, terminate this Agreement if:

(a) the Authority fails to pay any money due to the Consultant pursuant to

this Agreement and not subject to dispute pursuant to Clause 9 hereof

within 45 (forty five) days after receiving written notice from the Con-

sultant that such payment is overdue;

(b) the Authority is in material breach of its obligations pursuant to this

Agreement and has not remedied the same within 45 (forty five) days (or

such longer period as the Consultant may have subsequently granted in

writing) following the receipt by the Authority of the Consultant‟s notice

specifying such breach;

(c) as the result of Force Majeure, the Consultant is unable to perform a ma-

terial portion of the Services for a period of not less than 60 (sixty) days;

or

(d) the Authority fails to comply with any final decision reached as a result

of arbitration pursuant to Clause 9 hereof.

2.9.3 Cessation of rights and obligations

Upon termination of this Agreement pursuant to Clauses 2.3 or 2.9 hereof, or

upon expiration of this Agreement pursuant to Clause 2.4 hereof, all rights and

obligations of the Parties hereunder shall cease, except (i) such rights and ob-

ligations as may have accrued on the date of termination or expiration, or

which expressly survive such Termination; (ii) the obligation of confidentiality

set forth in Clause 3.3 hereof; (iii) the Consultant‟s obligation to permit in-

spection, copying and auditing of such of its accounts and records set forth in

Clause 3.6, as relate to the Consultant‟s Services provided under this Agree-

ment; and (iv) any right or remedy which a Party may have under this Agree-

ment or the Applicable Law.

2.9.4 Cessation of Services

Upon termination of this Agreement by notice of either Party to the other pur-

suant to Clauses 2.9.1 or 2.9.2 hereof, the Consultant shall, immediately upon

dispatch or receipt of such notice, take all necessary steps to bring the Services

to a close in a prompt and orderly manner and shall make every reasonable ef-

fort to keep expenditures for this purpose to a minimum. With respect to doc-

uments prepared by the Consultant and equipment and materials furnished by

the Authority, the Consultant shall proceed as provided respectively by Claus-

es 3.9 or 3.10 hereof.


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2.9.5 Payment upon Termination

Upon termination of this Agreement pursuant to Clauses 2.9.1 or 2.9.2 hereof,

the Authority shall make the following payments to the Consultant (after off-

setting against these payments any amount that may be due from the Consul-

tant to the Authority):

(i) remuneration pursuant to Clause 6 hereof for Services satisfactorily

performed prior to the date of termination;

(ii) reimbursable expenditures pursuant to Clause 6 hereof for expenditures

actually incurred prior to the date of termination; and

(iii) except in the case of termination pursuant to sub-clauses (a) through

(e) of Clause 2.9.1 hereof, reimbursement of any reasonable cost inci-

dental to the prompt and orderly termination of the Agreement includ-

ing the cost of the return travel of the Consultant‟s personnel.

2.9.6Disputes about Events of Termination

If either Party disputes whether an event specified in Clause 2.9.1 or in Clause

2.9.2 hereof has occurred, such Party may, within 30 (thirty) days after receipt

of notice of termination from the other Party, refer the matter to arbitration

pursuant to Clause 9 hereof, and this Agreement shall not be terminated on ac-

count of such event except in accordance with the terms of any resulting arbi-

tral award.

3. OBLIGATIONS OF THE CONSULTANT

1.1. General

3.1.1 Standards of Performance

The Consultant shall perform the Services and carry out its obligations he-

reunder with all due diligence, efficiency and economy, in accordance with

generally accepted professional techniques and practices, and shall observe

sound management practices, and employ appropriate advanced technology

and safe and effective equipment, machinery, materials and methods. The

Consultant shall always act, in respect of any matter relating to this Agreement

or to the Services, as a faithful adviser to the Authority, and shall at all times

support and safeguard the Authority's legitimate interests in any dealings with

Sub-Consultants or Third Parties.

1.1.2. Terms of Reference

The scope of services to be performed by the Consultant is specified in the

Terms of Reference (the “TOR”) at Annex-1 of this Agreement. The Consul-

tant shall provide the Deliverables specified therein in conformity with the

time schedule stated therein.

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3.1.3 Applicable Laws

The Consultant shall perform the Services in accordance with the Applicable

Laws and shall take all practicable steps to ensure that any Sub-Consultant, as

well as the Personnel and agents of the Consultant and any Sub-Consultant,

comply with the Applicable Laws.


3.2.1 The Consultant shall not have a Conflict of Interest and any breach hereof

shall constitute a breach of the Agreement.

3.2.2 Consultant and Affiliates not to be otherwise interested in the Project

The Consultant agrees that, during the term of this Agreement and after its

termination, the Consultant or any Associate thereof and any entity affiliated

with the Consultant, as well as any Sub-Consultant and any entity affiliated

with such Sub-Consultant, shall be disqualified from providing goods, works,

services, loans or equity for any project resulting from or closely related to the

Services and any breach of this obligation shall amount to a Conflict of Inter-

est; provided that the restriction herein shall not apply after a period of five

years from the completion of this assignment or to consulting assignments

granted by banks/lenders at any time; provided further that this restriction shall

not apply to consultancy/advisory services provided to the Authority in con-

tinuation of this Consultancy or to any subsequent consultancy/advisory ser-

vices provided to the Authority in accordance with the rules of the Authority.

For the avoidance of doubt, an entity affiliated with the Consultant shall in-

clude a partner in the Consultant‟s firm or a person who holds more than 5%

(five per cent) of the subscribed and paid up share capital of the Consultant, as

the case may be, and any Associate thereof.

3.2.3 Prohibition of conflicting activities

Neither the Consultant nor its Sub-Consultant nor the Personnel of either of

them shall engage, either directly or indirectly, in any of the following activi-

ties:

(a) during the term of this Agreement, any business or professional activi-

ties which would conflict with the activities assigned to them under this

Agreement;

(b) after the termination of this Agreement, such other activities as may be

specified in the Agreement; or

(c) at any time, such other activities as have been specified in the RFP as

Conflict of Interest.

3.2.4 Consultant not to benefit from commissions, discounts, etc.

The remuneration of the Consultant pursuant to Clause 6 hereof shall consti-

tute the Consultant‟s sole remuneration in connection with this Agreement or

the Services and the Consultant shall not accept for its own benefit any trade


77

commission, discount or similar payment in connection with activities pur-

suant to this Agreement or to the Services or in the discharge of its obligations

hereunder, and the Consultant shall use its best efforts to ensure that any Sub-

Consultant, as well as the Personnel and agents of either of them, similarly

shall not receive any such additional remuneration.

3.2.5 The Consultant and its Personnel shall observe the highest standards of ethics

and shall not have engaged in and shall not hereafter engage in any corrupt

practice, fraudulent practice, coercive practice, undesirable practice or restric-

tive practice (collectively the “Prohibited Practices”). Notwithstanding any-

thing to the contrary contained in this Agreement, the Authority shall be en-

titled to terminate this Agreement forthwith by a communication in writing to

the Consultant, without being liable in any manner whatsoever to the Consul-

tant, if it determines that the Consultant has, directly or indirectly or through

an agent, engaged in any Prohibited Practices in the Selection Process or be-

fore or after entering into of this Agreement. In such an event, the Authority

shall forfeit and appropriate the performance security, if any, as mutually

agreed genuine pre-estimated compensation and damages payable to the Au-

thority towards, inter alia, the time, cost and effort of the Authority, without

prejudice to the Authority‟s any other rights or remedy hereunder or in law.

3.2.6 Without prejudice to the rights of the Authority under Clause 3.2.5 above and

the other rights and remedies which the Authority may have under this

Agreement, if the Consultant is found by the Authority to have directly or indi-

rectly or through an agent, engaged or indulged in any Prohibited Practices,

during the Selection Process or before or after the execution of this Agree-

ment, the Consultant shall not be eligible to participate in any tender or RFP

issued during a period of 2 (two) years from the date the Consultant is found

by the Authority to have directly or indirectly or through an agent, engaged or

indulged in any Prohibited Practices.

3.2.7 For the purposes of Clauses 3.2.5 and 3.2.6, the following terms shall have the

meaning hereinafter respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving or solicit-

ing, directly or indirectly, of anything of value to influence the actions

of any person connected with the Selection Process (for removal of

doubt, offering of employment or employing or engaging in any man-

ner whatsoever, directly or indirectly, any official of the Authority who

is or has been associated in any manner, directly or indirectly with Se-

lection Process or LOA or dealing with matters concerning the Agree-

ment before or after the execution thereof, at any time prior to the ex-

piry of one year from the date such official resigns or retires from or

otherwise ceases to be in the service of the Authority, shall be deemed

to constitute influencing the actions of a person connected with the Se-

lection Process); or (ii) engaging in any manner whatsoever, whether

during the Selection Process or after the issue of LOA or after the ex-

ecution of the Agreement, as the case may be, any person in respect of

any matter relating to the Project or the LOA or the Agreement, who at

any time has been or is a legal, financial or technical adviser the Au-

thority in relation to any matter concerning the Project;

78

(b) “fraudulent practice” means a misrepresentation or omission of facts

or suppression of facts or disclosure of incomplete facts, in order to in-

fluence the Selection Process;

(c) “coercive practice” means impairing or harming, or threatening to im-

pair or harm, directly or indirectly, any person or property to influence

any person‟s participation or action in the Selection Process or the ex-

ercise of its rights or performance of its obligations by the Authority

under this Agreement;

(d) “undesirable practice” means (i) establishing contact with any person

connected with or employed or engaged by the Authority with the ob-

jective of canvassing, lobbying or in any manner influencing or at-

tempting to influence the Selection Process; or (ii) having a Conflict of

Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any under-

standing or arrangement among Applicants with the objective of re-

stricting or manipulating a full and fair competition in the Selection

Process.

3.3 Confidentiality

The Consultant, its Sub-Consultants and the Personnel of either of them shall

not, either during the term or within two years after the expiration or termina-

tion of this Agreement disclose any proprietary information, including infor-

mation relating to reports, data, drawings, design software or other material,

whether written or oral, in electronic or magnetic format, and the contents the-

reof; and any reports, digests or summaries created or derived from any of the

foregoing that is provided by the Authority to the Consultant, its Sub-

Consultants and the Personnel; any information provided by or relating to the

Authority, its technology, technical processes, business affairs or finances or

any information relating to the Authority‟s employees, officers or other pro-

fessionals or suppliers, customers, or contractors of the Authority; and any

other information which the Consultant is under an obligation to keep confi-

dential in relation to the Project, the Services or this Agreement ("Confiden-

tial Information"), without the prior written consent of the Authority.

Notwithstanding the aforesaid, the Consultant, its Sub-Consultants and the

Personnel of either of them may disclose Confidential Information to the ex-

tent that such Confidential Information:

(i) was in the public domain prior to its delivery to the Consultant, its Sub-

Consultants and the Personnel of either of them or becomes a part of

the public knowledge from a source other than the Consultant, its Sub-

Consultants and the Personnel of either of them;

(ii) was obtained from a third party with no known duty to maintain its

confidentiality;

(iii) is required to be disclosed by Applicable Laws or judicial or

administrative or arbitral process or by any governmental


79

instrumentalities, provided that for any such disclosure, the Consultant,

its Sub-Consultants and the Personnel of either of them shall give the

Authority, prompt written notice, and use reasonable efforts to ensure

that such disclosure is accorded confidential treatment; and

(iv) is provided to the professional advisers, agents, auditors or

representatives of the Consultant or its Sub-Consultants or Personnel of

either of them, as is reasonable under the circumstances; provided,

however, that the Consultant or its Sub-Consultants or Personnel of

either of them, as the case may be, shall require their professional

advisers, agents, auditors or its representatives, to undertake in writing

to keep such Confidential Information, confidential and shall use its

best efforts to ensure compliance with such undertaking.

3.4 Liability of the Consultant

3.4.1 The Consultant‟s liability under this Agreement shall be determined by the

Applicable Laws and the provisions hereof.

3.4.2 The Consultant shall, subject to the limitation specified in Clause 3.4.3, be lia-

ble to the Authority for any direct loss or damage accrued or likely to accrue

due to deficiency in Services rendered by it.

3.4.3 The Parties hereto agree that in case of negligence or wilful misconduct on the

part of the Consultant or on the part of any person or firm acting on behalf of

the Consultant in carrying out the Services, the Consultant, with respect to

damage caused to the Authority‟s property, shall not be liable to the Authority:

(i) for any indirect or consequential loss or damage; and

(ii) for any direct loss or damage that exceeds (a) the Agreement Value set

forth in Clause 6.1.2 of this Agreement, or (b) the proceeds the Consultant

may be entitled to receive from any insurance maintained by the Consultant to

cover such a liability in accordance with Clause 3.5.2, whichever of (a) or (b)

is higher.

3.4.4 This limitation of liability specified in Clause 3.4.3 shall not affect the Consul-

tant‟s liability, if any, for damage to Third Parties caused by the Consultant or

any person or firm acting on behalf of the Consultant in carrying out the Ser-

vices subject, however, to a limit equal to 3 (three) times the Agreement Val-

ue.

3.5 Insurance to be taken out by the Consultant

3.5.1 (a) The Consultant shall, for the duration of this Agreement, take out and

maintain, and shall cause any Sub-Consultant to take out and maintain, at

its (or the Sub-Consultant‟s, as the case may be) own cost, but on terms

and conditions approved by the Authority, insurance against the risks,

and for the coverages, as specified in the Agreement and in accordance

with good industry practice.

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(b) Within 15 (fifteen) days of receiving any insurance policy certificate in

respect of insurances required to be obtained and maintained under this

clause, the Consultant shall furnish to the Authority, copies of such poli-

cy certificates, copies of the insurance policies and evidence that the in-

surance premia have been paid in respect of such insurance. No insur-

ance shall be cancelled, modified or allowed to expire or lapse during the

term of this Agreement.

(c) If the Consultant fails to effect and keep in force the aforesaid insurances

for which it is responsible pursuant hereto, the Authority shall, apart

from having other recourse available under this Agreement, have the op-

tion, without prejudice to the obligations of the Consultant, to take out

the aforesaid insurance, to keep in force any such insurances, and pay

such premia and recover the costs thereof from the Consultant, and the

Consultant shall be liable to pay such amounts on demand by the Au-

thority.

(d) Except in case of Third Party liabilities, the insurance policies so pro-

cured shall mention the Authority as the beneficiary of the Consultant

and the Consultant shall procure an undertaking from the insurance

company to this effect; provided that in the event the Consultant has a

general insurance policy that covers the risks specified in this Agreement

and the amount of insurance cover is equivalent to 3 (three) times the

cover required hereunder, such insurance policy may not mention the

Authority as the sole beneficiary of the Consultant or require an under-

taking to that effect.

3.5.2 The Parties agree that the risks and coverages shall include but not be limited

to the following:

(a) Third Party liability insurance as required under Applicable Laws, with a

minimum coverage of [Rs. 1 (one) crore]3;

(b) employer‟s liability and workers‟ compensation insurance in respect of

the Personnel of the Consultant and of any Sub-Consultant, in accor-

dance with Applicable Laws; and

(c) professional liability insurance for an amount no less than the Agreement

Value.

The indemnity limit in terms of “Any One Accident” (AOA) and “Aggregate

limit on the policy period” (AOP) should not be less than the amount stated in

Clause 6.1.2 of the Agreement. In case of consortium, the policy should be in

the name of Lead Member and not in the name of individual Members of the

consortium.

1.6. Accounting, inspection and auditing

3 This amount may be fixed at 1% (one per cent) of the indicative capital cost of the Project, but subject

to a maximum of Rs. 20 (twenty) crore.


81

The Consultant shall:

(a) keep accurate and systematic accounts and records in respect of the

Services provided under this Agreement, in accordance with interna-

tionally accepted accounting principles and in such form and detail as

will clearly identify all relevant time charges and cost, and the basis

thereof (including the basis of the Consultant‟s costs and charges); and

(b) permit the Authority or its designated representative periodically, and

up to one year from the expiration or termination of this Agreement, to

inspect the same and make copies thereof as well as to have them au-

dited by auditors appointed by the Authority.

3.7 Consultant’s actions requiring the Authority's prior approval

The Consultant shall obtain the Authority's prior approval in writing before

taking any of the following actions:

(a) appointing such members of the Professional Personnel as are not listed

in Annex–2.

(b) entering into a subcontract for the performance of any part of the Ser-

vices, it being understood (i) that the selection of the Sub-Consultant

and the terms and conditions of the subcontract shall have been ap-

proved in writing by the Authority prior to the execution of the subcon-

tract, and (ii) that the Consultant shall remain fully liable for the per-

formance of the Services by the Sub-Consultant and its Personnel pur-

suant to this Agreement; or

(c) any other action that is specified in this Agreement.

3.8 Reporting obligations

The Consultant shall submit to the Authority the reports and documents speci-

fied in the Agreement, in the form, in the numbers and within the time periods

set forth therein.

3.9 Documents prepared by the Consultant to be property of the Authority

3.9.1 All plans, drawings, specifications, designs, reports and other documents (col-

lectively referred to as “Consultancy Documents”) prepared by the Consul-

tant (or by the Sub-Consultants or any Third Party) in performing the Services

shall become and remain the property of the Authority, and all intellectual

property rights in such Consultancy Documents shall vest with the Authority.

Any Consultancy Document, of which the ownership or the intellectual prop-

erty rights do not vest with the Authority under law, shall automatically stand

assigned to the Authority as and when such Consultancy Document is created

and the Consultant agrees to execute all papers and to perform such other acts

as the Authority may deem necessary to secure its rights herein assigned by

the Consultant.

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3.9.2 The Consultant shall, not later than termination or expiration of this Agree-

ment, deliver all Consultancy Documents to the Authority, together with a de-

tailed inventory thereof. The Consultant may retain a copy of such Consultan-

cy Documents. The Consultant, its Sub-Consultants or a Third Party shall not

use these Consultancy Documents for purposes unrelated to this Agreement

without the prior written approval of the Authority.

3.9.3 The Consultant shall hold the Authority harmless and indemnified for any

losses, claims, damages, expenses (including all legal expenses), awards, pe-

nalties or injuries (collectively referred to as „Claims‟) which may arise from

or due to any unauthorised use of such Consultancy Documents, or due to any

breach or failure on part of the Consultant or its Sub-Consultants or a Third

Party to perform any of its duties or obligations in relation to securing the

aforementioned rights of the Authority.

3.10 Equipment and materials furnished by the Authority

Equipment and materials made available to the Consultant by the Authority

shall be the property of the Authority and shall be marked accordingly. Upon

termination or expiration of this Agreement, the Consultant shall furnish

forthwith to the Authority, an inventory of such equipment and materials and

shall dispose of such equipment and materials in accordance with the instruc-

tions of the Authority. While in possession of such equipment and materials,

the Consultant shall, unless otherwise instructed by the Authority in writing,

insure them in an amount equal to their full replacement value.

3.11 Providing access to Project Office and Personnel

The Consultant shall ensure that the Authority, and officials of the Authority

having authority from the Authority, are provided unrestricted access to the

Project Office and to all Personnel during office hours. The Authority‟s offi-

cial, who has been authorised by the Authority in this behalf, shall have the

right to inspect the Services in progress, interact with Personnel of the Consul-

tant and verify the records relating to the Services for his satisfaction.

3.12. Accuracy of Documents

The Consultant shall be responsible for accuracy of the data collected by it di-

rectly or procured from other agencies/authorities, the designs, drawings, esti-

mates and all other details prepared by it as part of these services. Subject to

the provisions of Clause 3.4, it shall indemnify the Authority against any inac-

curacy in its work which might surface during implementation of the Project,

if such inaccuracy is the result of any negligence or inadequate due diligence

on part of the Consultant or arises out of its failure to conform to good indus-

try practice. The Consultant shall also be responsible for promptly correcting,

at its own cost and risk, the drawings including any re-survey / investigations.

4. CONSULTANT’S PERSONNEL AND SUB-CONSULTANTS

4.1 General


83

The Consultant shall employ and provide such qualified and experienced Per-

sonnel as may be required to carry out the Services.

4.2 Deployment of Personnel

4.2.1 The designations, names and the estimated periods of engagement in carrying

out the Services by each of the Consultant‟s Personnel are described in Annex-

2 of this Agreement. The estimate of Personnel costs and manday rates are

specified in Annex-3 of this Agreement.

4.2.2 Adjustments with respect to the estimated periods of engagement of Personnel

set forth in the aforementioned Annex-3 may be made by the Consultant by

written notice to the Authority, provided that: (i) such adjustments shall not al-

ter the originally estimated period of engagement of any individual by more

than 20% (twenty percent) or one week, whichever is greater, and (ii) the ag-

gregate of such adjustments shall not cause payments under the Agreement to

exceed the Agreement Value set forth in Clause 6.1.2 of this Agreement. Any

other adjustments shall only be made with the written approval of the Authori-

ty.

4.2.3 If additional work is required beyond the scope of the Services specified in the

Terms of Reference, the estimated periods of engagement of Personnel, set

forth in the Annexes of the Agreement may be increased by agreement in writ-

ing between the Authority and the Consultant, provided that any such increase

shall not, except as otherwise agreed, cause payments under this Agreement to

exceed the Agreement Value set forth in Clause 6.1.2.

4.3 Approval of Personnel

4.3.1 The Professional Personnel listed in Annex-2 of the Agreement are hereby ap-

proved by the Authority. No other Professional Personnel shall be engaged

without prior approval of the Authority.

4.3.2 If the Consultant hereafter proposes to engage any person as Professional Per-

sonnel, it shall submit to the Authority its proposal along with a CV of such

person in the form provided at Appendix–I (Form-12) of the RFP. The Au-

thority may approve or reject such proposal within 14 (fourteen) days of re-

ceipt thereof. In case the proposal is rejected, the Consultant may propose an

alternative person for the Authority‟s consideration. In the event the Authority

does not reject a proposal within 14 (fourteen) days of the date of receipt the-

reof under this Clause 4.3, it shall be deemed to have been approved by the

Authority.


The Authority expects all the Key Personnel specified in the Proposal to be

available during implementation of the Agreement. The Authority will not

consider any substitution of Key Personnel except under compelling circums-

tances beyond the control of the Consultant and the concerned Key Personnel.

Such substitution shall be subject to equally or better qualified and expe-

rienced personnel being provided to the satisfaction of the Authority. Without

prejudice to the foregoing, substitution of Key Personnel shall be permitted

84

subject to reduction of remuneration equal to 5% (five per cent) of the total

remuneration specified for the Key Personnel who is proposed to be substi-

tuted.

4.5 Working hours, overtime, leave, etc.

The Personnel shall not be entitled to be paid for overtime nor to take paid sick

leave or vacation leave except as specified in the Agreement, and the Consul-

tant‟s remuneration shall be deemed to cover these items. All leave to be al-

lowed to the Personnel is excluded from the mandays of service set forth in

Annex-2. Any taking of leave by any Personnel for a period exceeding 7 (sev-

en) days shall be subject to the prior approval of the Authority, and the Con-

sultant shall ensure that any absence on leave will not delay the progress and

quality of the Services.

4.6 Resident Team Leader and Project Manager

The person designated as the Team Leader of the Consultant‟s Personnel shall

be responsible for the coordinated, timely and efficient functioning of the Per-

sonnel. In addition, the Consultant shall designate a suitable person as Project

Manager (the “Project Manager”) who shall be responsible for day to day

performance of the Services.

4.7 Sub-Consultants

Sub-Consultants listed in Annex-4 of this Agreement are hereby approved by

the Authority. The Consultant may, with prior written approval of the Authori-

ty, engage additional Sub-Consultants or substitute an existing Sub-

Consultant. The hiring of Personnel by the Sub-Consultants shall be subject to

the same conditions as applicable to Personnel of the Consultant under this

Clause 4.

5. OBLIGATIONS OF THE AUTHORITY

5.1 Assistance in clearances etc.

Unless otherwise specified in the Agreement, the Authority shall make best ef-

forts to ensure that the Government shall:

(a) provide the Consultant, its Sub-Consultants and Personnel with work

permits and such other documents as may be necessary to enable the

Consultant, its Sub-Consultants or Personnel to perform the Services;

(b) facilitate prompt clearance through customs of any property required

for the Services; and

(c) issue to officials, agents and representatives of the Government all such

instructions as may be necessary or appropriate for the prompt and ef-

fective implementation of the Services.

5.2 Access to land and property


85

The Authority warrants that the Consultant shall have, free of charge, unim-

peded access to the site of the project in respect of which access is required for

the performance of Services; provided that if such access shall not be made

available to the Consultant as and when so required, the Parties shall agree on

(i) the time extension, as may be appropriate, for the performance of Services,

and (ii) the additional payments, if any, to be made to the Consultant as a re-

sult thereof pursuant to Clause 6.1.3.

5.3 Change in Applicable Law

If, after the date of this Agreement, there is any change in the Applicable Laws

with respect to taxes and duties which increases or decreases the cost or reim-

bursable expenses incurred by the Consultant in performing the Services, by

an amount exceeding 2% (two per cent) of the Agreement Value specified in

Clause 6.1.2, then the remuneration and reimbursable expenses otherwise pay-

able to the Consultant under this Agreement shall be increased or decreased

accordingly by agreement between the Parties hereto, and corresponding ad-

justments shall be made to the aforesaid Agreement Value.

5.4 Payment

In consideration of the Services performed by the Consultant under this

Agreement, the Authority shall make to the Consultant such payments and in

such manner as is provided in Clause 6 of this Agreement.

6. PAYMENT TO THE CONSULTANT

1.1. Cost estimates and Agreement Value

6.1.1 An abstract of the cost of the Services payable to the Consultant is set forth in

Annex-5 of the Agreement.

6.1.2 Except as may be otherwise agreed under Clause 2.6 and subject to Clause

6.1.3, the payments under this Agreement shall not exceed the agreement val-

ue specified herein (the “Agreement Value”). The Parties agree that the

Agreement Value is Rs. ………. (Rupees. …………………….).

6.1.3 Notwithstanding anything to the contrary contained in Clause 6.1.2, if pur-

suant to the provisions of Clauses 2.6 and 2.7, the Parties agree that additional

payments shall be made to the Consultant in order to cover any additional ex-

penditures not envisaged in the cost estimates referred to in Clause 6.1.1

above, the Agreement Value set forth in Clause 6.1.2 above shall be increased

by the amount or amounts, as the case may be, of any such additional pay-

ments.

6.2 Currency of payment

All payments shall be made in Indian Rupees. The Consultant shall be free to

convert Rupees into any foreign currency as per Applicable Laws.

1.3. Mode of billing and payment

86

Billing and payments in respect of the Services shall be made as follows:-

(a) A Mobilisation Advance for an amount upto 10% (ten percent) of the

Agreement Value shall be paid to the Consultant on request and against

a Bank Guarantee from a Scheduled Bank in India in an amount equal to

such advance, such Bank Guarantee to remain effective until the ad-

vance payment has been fully set off as provided herein. The advance

outstanding shall attract simple interest @ 10% (ten per cent) per annum

and shall be adjusted in four equal installments from the first four stage

payments due and payable to the Consultant, and the accrued interest

shall be recovered from the fifth installment due and payable thereafter.

(b) The Consultant shall be paid for its services as per the Payment Sche-

dule at Annex-6 of this Agreement, subject to the Consultant fulfilling

the following conditions:

(i) No payment shall be due for the next stage till the Consultant

completes, to the satisfaction of the Authority, the work pertain-

ing to the preceding stage.

(ii) The Authority shall pay to the Consultant, only the undisputed

amount.

(c) The Authority shall cause the payment due to the Consultant to be made

within 30 (thirty) days after the receipt by the Authority of duly com-

pleted bills with necessary particulars (the “Due Date”). Interest at the

rate of 10% (ten per cent) per annum shall become payable as from the

Due Date on any amount due by, but not paid on or before, such Due

Date.

(d) The final payment under this Clause shall be made only after the final

report and a final statement, identified as such, shall have been submit-

ted by the Consultant and approved as satisfactory by the Authority. The

Services shall be deemed completed and finally accepted by the Authori-

ty and the final deliverable shall be deemed approved by the Authority

as satisfactory upon expiry of 90 (ninety) days after receipt of the final

deliverable by the Authority unless the Authority, within such 90 (nine-

ty) day period, gives written notice to the Consultant specifying in de-

tail, the deficiencies in the Services. The Consultant shall thereupon

promptly make any necessary corrections and/or additions, and upon

completion of such corrections or additions, the foregoing process shall

be repeated. The Authority shall make the final payment upon accep-

tance or deemed acceptance of the final deliverable by the Authority.

(e) Any amount which the Authority has paid or caused to be paid in excess

of the amounts actually payable in accordance with the provisions of this

Agreement shall be reimbursed by the Consultant to the Authority with-

in 30 (thirty) days after receipt by the Consultant of notice thereof. Any

such claim by the Authority for reimbursement must be made within 1

(one) year after receipt by the Authority of a final report in accordance


87

with Clause 6.3 (d). Any delay by the Consultant in reimbursement by

the due date shall attract simple interest @ 10% (ten percent) per annum.

(f) All payments under this Agreement shall be made to the account of the

Consultant as may be notified to the Authority by the Consultant.

7. LIQUIDATED DAMAGES AND PENALTIES


7.1.1 The Authority shall retain by way of performance security (the “Performance

Security”), 5% (five per cent) of all the amounts due and payable to the Con-

sultant, to be appropriated against breach of this Agreement or for recovery of

liquidated damages as specified in Clause 7.2. The balance remaining out of

the Performance Security shall be returned to the Consultant at the end of 3

(three) months after the expiry of this Agreement pursuant to Clause 2.4 he-

reof. For the avoidance of doubt, the parties hereto expressly agree that in ad-

dition to appropriation of the amounts withheld hereunder, in the event of any

default requiring the appropriation of further amounts comprising the Perfor-

mance Security, the Authority may make deductions from any subsequent

payments due and payable to the Consultant hereunder, as if it is appropriating

the Performance Security in accordance with the provisions of this Agreement.

7.1.2 The Consultant may, in lieu of retention of the amounts as referred to in

Clause 7.1.1 above, furnish a Bank Guarantee substantially in the form speci-

fied at Annex-7 of this Agreement.

7.2 Liquidated Damages

7.2.1 Liquidated Damages for error/variation

In case any error or variation is detected in the reports submitted by the Con-

sultant and such error or variation is the result of negligence or lack of due di-

ligence on the part of the Consultant, the consequential damages thereof shall

be quantified by the Authority in a reasonable manner and recovered from the

Consultant by way of deemed liquidated damages, subject to a maximum of

10% (ten percent) of the Agreement Value.

7.2.2 Liquidated Damages for delay

In case of delay in submission of deliverables beyond two weeks from due

date of submission of deliverable, liquidated damages not exceeding an

amount equal to 0.5% (Zero point five percent) of the milestone payment per

day, subject to a maximum of 10% (ten percent) of the milestone payment will

be imposed and shall be recovered by appropriation from the Performance Se-

curity or otherwise. However, in case of delay due to reasons beyond the con-

trol of the Consultant, suitable extension of time shall be granted.

7.2.3 Encashment and appropriation of Performance Security

The Authority shall have the right to invoke and appropriate the proceeds of

the Performance Security, in whole or in part, without notice to the Consultant

88

in the event of breach of this Agreement or for recovery of liquidated damages

specified in this Clause 7.2.

7.3 Penalty for deficiency in Services

In addition to the liquidated damages not amounting to penalty, as specified in

Clause 7.2, warning may be issued to the Consultant for minor deficiencies on

its part. In the case of significant deficiencies in Services causing adverse ef-

fect on the Project or on the reputation of the Authority, other penal action in-

cluding debarring for a specified period may also be initiated as per policy of

the Authority.

8. FAIRNESS AND GOOD FAITH

8.1 Good Faith

The Parties undertake to act in good faith with respect to each other‟s rights

under this Agreement and to adopt all reasonable measures to ensure the reali-

sation of the objectives of this Agreement.

8.2 Operation of the Agreement

The Parties recognise that it is impractical in this Agreement to provide for

every contingency which may arise during the life of the Agreement, and the

Parties hereby agree that it is their intention that this Agreement shall operate

fairly as between them, and without detriment to the interest of either of them,

and that, if during the term of this Agreement either Party believes that this

Agreement is operating unfairly, the Parties will use their best efforts to agree

on such action as may be necessary to remove the cause or causes of such un-

fairness, but failure to agree on any action pursuant to this Clause shall not

give rise to a dispute subject to arbitration in accordance with Clause 9 hereof.

9. SETTLEMENT OF DISPUTES

9.1 Amicable settlement

The Parties shall use their best efforts to settle amicably all disputes arising out

of or in connection with this Agreement or the interpretation thereof.

9.2 Dispute resolution

9.2.1 Any dispute, difference or controversy of whatever nature howsoever arising

under or out of or in relation to this Agreement (including its interpretation)

between the Parties, and so notified in writing by either Party to the other Par-

ty (the “Dispute”) shall, in the first instance, be attempted to be resolved ami-

cably in accordance with the conciliation procedure set forth in Clause 9.3.

9.2.2 The Parties agree to use their best efforts for resolving all Disputes arising un-

der or in respect of this Agreement promptly, equitably and in good faith, and

further agree to provide each other with reasonable access during normal busi-

ness hours to all non-privileged records, information and data pertaining to any

Dispute.


89

9.3 Conciliation

In the event of any Dispute between the Parties, either Party may call upon

[Secretary, ............................ Department] and the Chairman of the Board of

Directors of the Consultant or a substitute thereof for amicable settlement, and

upon such reference, the said persons shall meet no later than 10 (ten) days

from the date of reference to discuss and attempt to amicably resolve the Dis-

pute. If such meeting does not take place within the 10 (ten) day period or the

Dispute is not amicably settled within 15 (fifteen) days of the meeting or the

Dispute is not resolved as evidenced by the signing of written terms of settle-

ment within 30 (thirty) days of the notice in writing referred to in Clause 9.2.1

or such longer period as may be mutually agreed by the Parties, either Party

may refer the Dispute to arbitration in accordance with the provisions of

Clause 9.4.

9.4 Arbitration

9.4.1 Any Dispute which is not resolved amicably by conciliation, as provided in

Clause 9.3, shall be finally decided by reference to arbitration by an Arbitral

Tribunal appointed in accordance with Clause 9.4.2. Such arbitration shall be

held in accordance with the Rules of Arbitration of the International Centre for

Alternative Dispute Resolution, New Delhi (the “Rules”), or such other rules

as may be mutually agreed by the Parties, and shall be subject to the provi-

sions of the Arbitration and Conciliation Act,1996. The place of such arbitra-

tion shall be Bhopal, Madhya Pradesh where the Authority has its headquarters

and the language of arbitration proceedings shall be English.

9.4.2 There shall be [a sole arbitrator whose appointment] / [an Arbitral Tribunal of

three arbitrators, of whom each Party shall select one, and the third arbitrator

shall be appointed by the two arbitrators so selected, and in the event of disa-

greement between the two arbitrators, the appointment shall be made in accor-

dance with the Rules.

9.4.3 The arbitrators shall make a reasoned award (the “Award”). Any Award made

in any arbitration held pursuant to this Clause 9 shall be final and binding on

the Parties as from the date it is made, and the Consultant and the Authority

agree and undertake to carry out such Award without delay.

9.4.4 The Consultant and the Authorityagree that an Award may be enforced against

the Consultant and/or the Authority, as the case may be, and their respective

assets wherever situated.

9.4.5 This Agreement and the rights and obligations of the Parties shall remain in

full force and effect, pending the Award in any arbitration proceedings he-

reunder.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be

signed in their respective names as of the day and year first above written.

90

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of

Consultant: Authority

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

In the presence of:

1. 2.


91

Annex-1

Terms of Reference

(Refer Clause 3.1.2)

(Reproduce Schedule-1 of RFP)

92

Annex-2

Deployment of Key Personnel

(Refer Clause 4.2)

(Reproduce as per Form-7 of Appendix-I)


93

Annex-3

Estimate of Personnel Costs (Refer Clause 4.2)

(Reproduce as per Form-3 of Appendix-II)

94

Annex-4

Approved Sub-Consultant(s) (Refer Clause 4.7)

(Reproduce as per Form-12 of Appendix-I)


95

Annex-5

Cost of Services (Refer Clause 6.1)

(Reproduce as per Form-3 of Appendix-II)

96

Annex-6

Payment Schedule

(Refer Clause 3.4)


97

Annex- 7

Bank Guarantee for Performance Security

(Refer Clause 7.1.2)

To

[The President of India/Governor of ...........]

acting through

.......................

........................

........................

In consideration of Bhopal Smart City Development Corporation Limited act-

ing on behalf of the [President of India/Governor of ...................................................]

(hereinafter referred as the “Authority”, which expression shall, unless repugnant to

the context or meaning thereof, include its successors, administrators and assigns)

awarding to ……………….., having its office at ……………….. (hereinafter referred

as the “Consultant” which expression shall, unless repugnant to the context or mean-

ing thereof, include its successors, administrators, executors and assigns), vide the

Authority‟s Agreement no. ………………. dated ……………….. valued at Rs.

……………….. (Rupees …………………………………..), (hereinafter referred to

as the “Agreement”) the assignment for consultancy services in respect ofthePlanning

consultant for Green Master Plan Project for Bhopal Smart City Project, and the Con-

sultant having agreed to furnish a Bank Guarantee amounting to Rs.………………..

(Rupees ……………………………………...) to the Authority for performance of the

said Agreement.

We, ……………….. (hereinafter referred to as the “Bank”) at the request of

the Consultant do hereby undertake to pay to the Authority an amount not exceeding

Rs. ………………… (Rupees …………………………………) against any loss or

damage caused to or suffered or would be caused to or suffered by the Authority by

reason of any breach by the said Consultant of any of the terms or conditions con-

tained in the said Agreement.

2. We, ……………….. (indicate the name of the Bank) do hereby undertake to

pay the amounts due and payable under this Guarantee without any demur, merely on

a demand from the Authority stating that the amount/claimed is due by way of loss or

damage caused to or would be caused to or suffered by the Authority by reason of

breach by the said Consultant of any of the terms or conditions contained in the said

Agreement or by reason of the Consultant‟s failure to perform the said Agreement.

Any such demand made on the bank shall be conclusive as regards the amount due

and payable by the Bank under this Guarantee. However, our liability under this

Guarantee shall be restricted to an amount not exceeding Rs. ……………….. (Rupees

………………………………………………).

3. We, ……………….. (indicate the name of Bank) undertake to pay to the Au-

thority any money so demanded notwithstanding any dispute or disputes raised by the

Consultant in any suit or proceeding pending before any court or tribunal relating the-

reto, our liability under this present being absolute and unequivocal. The payment so

98

made by us under this bond shall be a valid discharge of our liability for payment the-

reunder and the Consultant shall have no claim against us for making such payment.

4. We, ……………….. (indicate the name of Bank) further agree that the Guar-

antee herein contained shall remain in full force and effect during the period that

would be requiredfor the performance of the said Agreement and that it shall continue

to be enforceable till all the dues of the Authority under or by virtue of the said

Agreement have been fully paid and its claims satisfied or discharged or till the Au-

thority certifies that the terms and conditions of the said Agreement have been fully

and properly carried out by the said Consultant and accordingly discharges this Guar-

antee. Unless a demand or claim under this Guarantee is made on us in writing on or

before a period of one year from the date of this Guarantee, we shall be discharged

from all liability under this Guarantee thereafter.

5. We, ………………… (indicate the name of Bank) further agree with the Au-

thority that the Authority shall have the fullest liberty without our consent and without

affecting in any manner our obligations hereunder to vary any of the terms and condi-

tions of the said Agreement or to extend time of performance by the said Consultant

from time to time or to postpone for any time or from time to time any of the powers

exercisable by the Authority against the said Consultant and to forbear or enforce any

of the terms and conditions relating to the said Agreement and we shall not be re-

lieved from our liability by reason of any such variation, or extension being granted to

the said Consultant or for any forbearance, act or omission on the part of the Authori-

ty or any indulgence by the Authority to the said Consultant or any such matter or

thing whatsoever which under the law relating to sureties would, but for this provi-

sion, have the effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of

the Bank or the Consultant(s).

7. We, ……………….. (indicate the name of Bank) lastly undertake not to re-

voke this Guarantee during its currency except with the previous consent of the Au-

thority in writing.

8. For the avoidance of doubt, the Bank‟s liability under this Guarantee shall be

restricted to Rs. ........... crore (Rupees ......................................... crore) only. The

Bank shall be liable to pay the said amount or any part thereof only if the Authority

serves a written claim on the Bank in accordance with paragraph 2 hereof, on or be-

fore [...................... (indicate the date falling 365days after the Bid Due Datespecified

in the RFP)].

Dated, the ………… day of ……………… 20

For ..............................................................

(Name of Bank)

(Signature, name and designation of the authorised signatory)

Seal of the Bank:

NOTES:


99

(i) The Bank Guarantee should contain the name, designation and code

number of the officer(s) signing the Guarantee.

(ii) The address, telephone no. and other details of the Head Office of the

Bank as well as of issuing Branch should be mentioned on the cover-

ing letter of issuing Branch.

100

SCHEDULE-3

(See Clause 2.3.3)

Guidance Note on Conflict of Interest

1. This Note further explains and illustrates the provisions of Clause 2.3 of

the RFP and shall be read together therewith in dealing with specific cases.

2. Consultants should be deemed to be in a conflict of interest situation if it

can be reasonably concluded that their position in a business or their per-

sonal interest could improperly influence their judgment in the exercise of

their duties. The process for selection of consultants should avoid both ac-

tual and perceived conflict of interest.

3. Conflict of interest may arise between the Authority and a consultant or

between consultants and present or future concessionaries/contractors.

Some of the situations that would involve conflict of interest are identified

below:

(a) Authority and consultants:

(i) Potential consultant should not be privy to information from

the Authority which is not available to others;

(ii) potential consultant should not have defined the project

when earlier working for the Authority;

(iii) potential consultant should not have recently worked for the

Authority overseeing the project.

(b) Consultants and concessionaires/contractors:

(i) No consultant should have an ownership interest or a con-

tinuing business interest or an on-going relationship with a

potential concessionaire/ contractor save and except rela-

tionships restricted to project-specific and short-term as-

signments; or

(ii) no consultant should be involved in owning or operating

entities resulting from the project; or

(iii) no consultant should bid for works arising from the project.

The participation of companies that may be involved as investors or con-

sumers and officials of the Authority who have current or recent connec-

tions to the companies involved, therefore, needs to be avoided.

4. The normal way to identify conflicts of interest is through self-declaration

by consultants. Where a conflict exists, which has not been declared, com-

peting companies are likely to bring this to the notice of the Authority. All

Schedule 3

RFP for Appointment of Planning Consultant Green MasterPlan for Bhopal Smart City 101

conflicts must be declared as and when the consultants become aware of

them.

5. Another approach towards avoiding a conflict of interest is through the use

of “Chinese walls” to avoid the flow of commercially sensitive information

from one part of the consultant‟s company to another. This could help

overcome the problem of availability of limited numbers of experts for the

project. However, in reality effective operation of “Chinese walls” may be

a difficult proposition. As a general rule, larger companies will be more ca-

pable of adopting Chinese walls approach than smaller companies. Al-

though, “Chinese walls” have been relatively common for many years, they

are an increasingly discredited means of avoiding conflicts of interest and

should be considered with caution. As a rule, “Chinese walls” should be

considered as unacceptable and may be accepted only in exceptional cases

upon full disclosure by a consultant coupled with provision of safeguards

to the satisfaction of the Authority.

6. Another way to avoid conflicts of interest is through the appropriate group-

ing of tasks. For example, conflicts may arise if consultants drawing up the

terms of reference or the proposed documentation are also eligible for the

consequent assignment or project.

7. Another form of conflict of interest called “scope–creep” arises when con-

sultants advocate either an unnecessary broadening of the terms of refer-

ence or make recommendations which are not in the best interests of the

Authority but which will generate further work for the consultants. Some

forms of contractual arrangements are more likely to lead to scope-creep.

For example, lump-sum contracts provide fewer incentives for this, while

time and material contracts provide built in incentives for consultants to ex-

tend the length of their assignment.

8. Every project contains potential conflicts of interest. Consultants should

not only avoid any conflict of interest, they should report any present/ po-

tential conflict of interest to the Authority at the earliest. Officials of the

Authority involved in development of a project shall be responsible for

identifying and resolving any conflicts of interest. It should be ensured that

safeguards are in place to preserve fair and open competition and measures

should be taken to eliminate any conflict of interest arising at any stage in

the process.

102

APPENDICES

Appendices

103

APPENDIX-I

(See Clause 2.1.3)

TECHNICAL PROPOSAL

Form-1

Letter of Proposal

(On Applicant‟s letter head)

(Date and Reference)

To,

............................

............................

...........................

Sub: Appointment of Planning Consultant for Green Master Plan for

Bhopal Smart City

Dear Sir,

With reference to your RFP Document dated ……………, I/We, having examined

all relevant documents and understood their contents, hereby submit our Proposal

for selection as Planning consultant for Green Master Plan for Bhopal Smart

City(the “Consultant”)Project. The proposal is unconditional and unqualified.

2. I/We acknowledge that the Authority will be relying on the information pro-

vided in the Proposal and the documents accompanying the Proposal for se-

lection of the Consultant, and we certify that all information provided in the

Proposal and in the Appendices is true and correct, nothing has been omitted

which renders such information misleading; and all documents accompany-

ing such Proposal are true copies of their respective originals.

3. This statement is made for the express purpose of appointment as the Con-

sultant for the aforesaid Project.

4. I/We shall make available to the Authority any additional information it may

deem necessary or require for supplementing or authenticating the Proposal.

5. I/We acknowledge the right of the Authority to reject our application without

assigning any reason or otherwise and hereby waive our right to challenge

the same on any account whatsoever.

6. I/We certify that in the last three years, we or any of our Associates have nei-

ther failed to perform on any contract, as evidenced by imposition of a penal-

ty by an arbitral or judicial authority or a judicial pronouncement or arbitra-

104

tion award against the Applicant, nor been expelled from any project or con-

tract by any public authority nor have had any contract terminated by any

public authority for breach on our part.

7. I/We declare that:

(a) I/We have examined and have no reservations to the RFP Docu-

ments, including any Addendum issued by the Authority;

(b) I/We do not have any conflict of interest in accordance with Clause

2.3 of the RFP Document;

(c) I/We have not directly or indirectly or through an agent engaged or

indulged in any corrupt practice, fraudulent practice, coercive prac-

tice, undesirable practice or restrictive practice, as defined in Clause

4.3 of the RFP document, in respect of any tender or request for

proposal issued by or any agreement entered into with the Authority

or any other public sector enterprise or any government, Central or

State; and

(d) I/We hereby certify that we have taken steps to ensure that in con-

formity with the provisions of Section 4 of the RFP, no person act-

ing for us or on our behalf will engage in any corrupt practice, frau-

dulent practice, coercive practice, undesirable practice or restrictive

practice.

8. I/We understand that you may cancel the Selection Process at any time and

that you are neither bound to accept any Proposal that you may receive nor

to select the Consultant, without incurring any liability to the Applicants in

accordance with Clause 2.8 of the RFP document.

9. I/We declare that we are not a member of any other Consortium applying

for Selection as a Consultant.

10. I/We certify that in regard to matters other than security and integrity of the

country, we or any of our Associates have not been convicted by a Court of

Law or indicted or adverse orders passed by a regulatory authority which

would cast a doubt on our ability to undertake the Consultancy for the

Project or which relates to a grave offence that outrages the moral sense of

the community.

11. I/We further certify that in regard to matters relating to security and integri-

ty of the country, we have not been charge-sheeted by any agency of the

Government or convicted by a Court of Law for any offence committed by

us or by any of our Associates.

12. I/We further certify that no investigation by a regulatory authority is pend-

ing either against us or against to be engaged team members.

13. I/We hereby irrevocably waive any right or remedy which we may have at

any stage at law or howsoever otherwise arising to challenge or question

any decision taken by the Authority [and/ or the Government of India] in

Appendices

105

connection with the selection of Consultant or in connection with the Selec-

tion Process itself in respect of the above mentioned Project.

14. I/We agree and understand that the proposal is subject to the provisions of

the RFP document. In no case, shall I/we have any claim or right of what-

soever nature if the Consultancy for the Project is not awarded to me/us or

our proposal is not opened or rejected.

15. I/We agree to keep this offer valid for 120 (ninety) days from the PDD as

specified in the clause 1.8 of RFP.

16. A Power of Attorney in favour of the authorised signatory to sign and sub-

mit this Proposal and documents is attached herewith in Form 4.

17. In the event of my/our firm being selected as the Consultant, I/we agree to

enter into an Agreement in accordance with the form at Schedule–2 of the

RFP.We agree not to seek any changes in the aforesaid form and agree to

abide by the same.

18. In the event of my/our firm being selected as the Consultant, I/we agree to

enter into an Agreement in accordance with the form at Schedule -2 of the

RFP. We agree not to seek changes in the aforesaid form and agree to abide

by the same.

19. I/We have studied RFP and all other documents carefully. We understand

that except to the extent as expressly set forth in the Agreement, we shall

have no claim, right or title arising out of any documents or information

provided to us by the Authority or in respect of any matter arising out of or

concerning or relating to the Selection Process including the award of Con-

sultancy.

20. The Financial Proposal is being submitted in a separate cover. This Tech-

nical Proposal read with the Financial Proposal shall constitute the Applica-

tion which shall be binding on us.

21. I/We agree and undertake to abide by all the terms and conditions of the

RFP Document.

In witness thereof, I/we submit this Proposal under and in accordance with the

terms of the RFP Document.

Yours faithfully,


(Name and seal of the Applicant/ Lead Member)

106

APPENDIX-I

Form-2

Particulars of the Applicant

1.1 Title of Consultancy:

1.2 Title of Project:

……………………….Project

1.3 State whether applying as Sole Firm or Lead Member of a consortium:

Sole Firm

or

Lead Member of a consortium

1.4 State the following:

Name of Firm:

Legal status (e.g. sole proprietorship or partnership):

Country of incorporation:

Registered address:

Year of Incorporation:

Year of commencement of business:

Principal place of business:

Name, designation, address and phone numbers of authorised signatory of

the Applicant:

Name:

Designation:

Company:

Address:

Phone No.:

E-mail address:

1.5 If the Applicant is Lead Member of a consortium, state the following for

each of the other Member Firms:

Appendices

107

(i) Name of Firm:

(ii) Legal Status and country of incorporation

(iii) Registered address and principal place of business.

1.6 For the Applicant, (in case of a consortium, for each Member), state the

following information:

(i) In case of non-Indian Firm, does the Firm have business presence in India?

Yes/No

If so, provide the office address(es) in India.

(ii) Has the Applicant or any of the Members in case of a consortium

been penalised by any organization for poor quality of work or breach

of contract in the last five years?

Yes/No

(iii) Has the Applicant/ or any of its Associates ever failed to complete

any work awarded to it by any public authority/ entity in last five

years?

Yes/No

(iv) Has the Applicant or any member of the consortium been blacklisted

by any Government department/Public Sector Undertaking in the last

five years?

Yes/No

(v) Has the Applicant or any of its Associates, in case of a consortium,

suffered bankruptcy/insolvency in the last five years?

Yes/No

Note: If answer to any of the questions at (ii) to (v) is yes, the

Applicant is not eligible for this consultancy assignment.

1.7 (Signature, name and designation of the authorised signatory)

For and on behalf of ………………..

108

APPENDIX-I

Form-3

Statement of Legal Capacity

(To be forwarded on the letter head of the Applicant)

Ref. Date:

To,

......................

......................

......................

Dear Sir,

Sub: RFP for Appointment of Planning Consultant for Green Master Plan for

Bhopal Smart City

I/We hereby confirm that we, the Applicant (along with other members in case of

consortium, the constitution of which has been described in the Proposal), satisfy

the terms and conditions laid down in the RFP document.

I/We have agreed that ………………………… (insert Applicant‟s name) will act

as the Lead Member of our consortium.

I/We have agreed that ……………………….. (insert individual‟s name) will act

as our Authorised Representative/ will act as the Authorised Representative of the

consortium on our behalf and has been duly authorized to submit our Proposal.

Further, the authorised signatory is vested with requisite powers to furnish such

proposal and all other documents, information or communication and authenticate

the same.

Yours faithfully,

(Signature, name and designation of the authorised signatory

For and on behalf of ................................

Appendices

109

APPENDIX-I

Form-4

Power of Attorney

Know all men by these presents,We, ......................................... (name of Firm and

address of the registered office) do hereby constitute, nominate, appoint and autho-

rise Mr / Ms........................................ son/daughter/wife and presently residin-

gat........................................, who is presently employed with/ retained by us and

holding the position of .................... as our true and lawful attorney (hereinafter

referred to as the “Authorised Representative”) to do in our name and on our be-

half, all such acts, deeds and things as are necessary or required in connection with

or incidental to submission of our Proposal for and selection as the Planning con-

sultant for Green Master Plan for Bhopal Smart Cityto Bhopal Smart City Project,

proposed to be developed by the Bhopal Smart City Development Corporation (the

“Authority”) including but not limited to signing and submission of all applica-

tions, proposals and other documents and writings, participating in pre-bid and

other conferences and providing information/ responses to the Authority,

representing us in all matters before the Authority, signing and execution of all

contracts and undertakings consequent to acceptance of our proposal and generally

dealing with the Authority in all matters in connection with or relating to or arising

out of our Proposal for the said Project and/or upon award thereof to us till the en-

tering into of the Agreement with the Authority.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully

done or caused to be done by our said Authorised Representative pursuant to and

in exercise of the powers conferred by this Power of Attorney and that all acts,

deeds and things done by our said Authorised Representative in exercise of the

powers hereby conferred shall and shall always be deemed to have been done by

us.

IN WITNESS WHEREOF WE, .................................................THE ABOVE

NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON

THIS ........................................ DAY OF ...................., 20......

For ......................................................

(Signature, name, designation and address)

Witnesses:

1.

2.

Notarised

110

Accepted

........................................

(Signature, name, designation and address of the Attorney)

Notes:

• The mode of execution of the Power of Attorney should be in accordance with

the procedure, if any, laid down by the applicable law and the charter docu-

ments of the executant(s) and when it is so required the same should be under

common seal affixed in accordance with the required procedure.

• Wherever required, the Applicant should submit for verification the extract of

the charter documents and other documents such as a resolution/power of at-

torney in favour of the person executing this Power of Attorney for the delega-

tion of power hereunder on behalf of the Applicant.

• For a Power of Attorney executed and issued overseas, the document will also

have to be legalised by the Indian Embassy and notarised in the jurisdiction

where the Power of Attorney is being issued.However, the Power of Attorney

provided by Applicants from countries that have signed the Hague Legislation

Convention, 1961 are not required to be legalised by the Indian Embassy if it

carries a conforming Apostille certificate.

Appendices

111

APPENDIX-I

Form-5

Financial Capacity of the Applicant

(Refer Clause 2.2.2 (B))

S. No. Financial Year Annual Professional Fee from Advisory and

Consultancy Services

(Rs)

Average

Certificate from the Statutory Auditor$$

This is to certify that ....................(name of the Applicant) has received the pay-

ments shown above against the respective years on account of professional fees

from advisory and consulting services.


Date: Name and seal of the audit firm:

$$In case the Applicant does not have a statutory auditor, it shall provide the certif-

icate from its chartered accountant that ordinarily audits the annual accounts of the

Applicant.

Note:

1. Please do not attach any printed Annual Financial Statement.

2. In case of consortium, Form-5 shall be submitted by all members of the

consortium.

112

APPENDIX-I

Form-6

DESCRIPTION OF APPROACH, METHODOLOGY, AND WORK PLAN IN RESPOND-

ING TO THE TERMS OF REFERENCE

A description of the approach, methodology and work plan for performing the as-

signment, including a detailed description of the proposed methodology and staff-

ing.

Suggested structure:

a) Technical Approach and Methodology: Explain understanding of the

objectives of the assignment as outlined in the Terms of Reference (TORs),

the technical approach, and the methodology for implementing the tasks to

deliver the expected output(s), and the degree of detail of such output.

Please do not repeat/copy the TORs in here. b) Work Plan: Outline the plan for the implementation of the main activi-

ties/tasks of the assignment, their content and duration, phasing and interre-

lationsand tentative delivery dates of the monthly progress reports. The

proposed work plan should be consistent with the technical approach and

methodology, showing understanding of the TOR and ability to translate

them into a feasible working plan. A list of the final documents (including

reports) to be delivered as final output(s) should be included here. c) Organization and Staffing: Describe the structure and composition of

your team, including the list of the Key Personnel, Sector Experts, Support

Team and relevant technical and administrative support staff.

Prescribed format:

Strictly follow the page limit of 15 pages, font type: arial, font size: 11, line spac-

ing of 1.2 and normal margins. Non-conforming submissions may be disqualified.

Appendices

113

APPENDIX-I

Form-7

TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS’ INPUTS

N° Name Expert’s input (in person days per month) Total time-input

(in days)

Posi-

tion Mont

h 1 Month

2 Month

3

........ Mont

h... Hom

e

Field Total

KEY PERSONNEL / SECTOR EXPERTS / SUPPORT TEAM / OTHER STAFF

1 {e.g., Mr. aaaa} [Team

Leader]

[Hom

e]

[2

days] [10] [14]

[Field

]

[20] [12] [8]

2

3

4..

Subtotal

Note:

1 For Key Experts, the input should be indicated individually for the same positions as re-

quired under the clause 2.1.4.

2 Months are counted from the start of the assignment/mobilization. One working day shall

be not less than 8 (eight) working-hours.

114

3 “Home” means work in the office of the expert‟s place of residence or Applicant‟s office.

“Field” work means work carried out in the Authority‟s office or any place assigned by

the Authority to carry out the services.

4. All the key experts are need to work from the office of BSCDCL.

Appendices

115

APPENDIX-I

Form-8

Particulars of Key Personnel

S.

No.

Designation of Key

Personnel

Name Educational

Qualification

Length of Profes-

sional Experience

(1) (2) (3) (4) (5)

1.

2.

3.

4.

116

APPENDIX-I

Form-9

Abstract of Assignments of the Applicant$

(Refer Clause 2.2.2, B)

S.No. Name of Project Name of Client Professional fee$$ received

by the Applicant (in

Rscrore)£

(1) (2) (3) (4)

1

2

3

4

5

$The Applicant should provide details of only those assignments that have been

undertaken by it under its own name.

$$ Exchange rate for conversion of US $ shall be as per Clause 1.7.1.

£ In the event that the Applicant does not wish to disclose the actual fee received

for any particular assignment, it may state that it has received more than the

amount specified for eligibility under this RFP.

Appendices

117

Certificate from the Statutory Auditor$of [Name of Company]

/ Chartered accountants

This is to certify that the information contained in Column 4 above is correct as

per the accounts of the Applicant and/ or the clients.


Date: Name and seal of the audit firm / Chartered Accountant :

$ In case the Applicant does not have a statutory auditor, it shall provide the certifi-

cate from its chartered accountant that ordinarily audits the annual accounts of the

Applicant.

Note: In case of consortium, Form-9 for each consortium membershall be submit-

ted.

118

APPENDIX-I

Form-10

Assignments of Applicant

(Refer Clause 2.2.2, B)

Name of company:

Assignment name:

Description of Assignment:

Approx. value of the contract (in Rupees):

Approx. value of the services provided by your company under the contract

(in Rupees):

Country:

Location within country:

Duration of Assignment/job (months) :

Name of Client:

Client address and contact information:

In case of consortium, whether your company was Lead member or other

consortium member:

Total No of staff-months of the Assignment:

Total No of staff-months provided by your company:

Start date (month/year):

Appendices

119

Completion date (month/year):

Name of associated Consultants, if any:

Name of senior professional staff of your firm involved and functions per-formed.

Description of actual Assignment/ provided by your staff within the Assign-

ment:

Note:

1. Use separate sheet for each Assignment.

2. Each Eligible Assignment shall not exceed 2 pages,and following format shall be

used: font: arial, font size: 11, normal margin.

3. Exchange rate for conversion of US $ shall be as per Clause 1.7.1.

120

APPENDIX-I

Form-11

Curriculum Vitae (CV) of Professional Personnel

1. Proposed Position:[For each position of key professional separate form will be

prepared]:

2. Name of Firm:[Insert name of firm proposing the staff]:

3. Name of Staff:[Insert full name]:

4. Brief Profile of Proposed Staff: [Provide summary of proposed staff experience,

qualifications and achievements in no more than 250 words]

5. Date of Birth:

6. Nationality:

7. Education:[Indicate college/university and other specialized education of staff

member, giving names of institutions, degrees obtained, and dates of obtainment]:

8. Membership of Professional Associations:

9. Other Training:

10. Countries of Work Experience:[List countries where staff has worked in the last ten

years]:

11. Languages [For each language indicate proficiency: good, fair, or poor in speaking,

reading, and writing]:

12. Employment Record:[Starting with present position, list in reverse order every

employment held by staff member since graduation, giving for each employment (see

format here below): dates of employment, name of employing organization, positions

held.]:

From [Year]: To [Year]:

Employer:

Positions held:

13. Detailed Tasks Assigned: [List all tasks to be performed under this Assignment]

14. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned

[Among the Assignment/jobs in which the staff has been involved, indicate the

following information for those Assignment/jobs that best illustrate staff capability to

handle the tasks listed under point 12.]

Appendices

121

Name of Assignment or project: Employer:

Year: Location:

Main project features:

Positions held:

Activities performed:

(Signature and name of the authorised signatory of the Applicant)

Note:

1.Use separate form for each Key Personnel and each Sector Expert.

2. Each page of the CV shall be signed in ink by the Personnel and countersigned by the

Applicant firm along with the seal of the firm. Photocopies will not be considered for

evaluation.

4. Each Key Expert CV shall not exceed 5 pages and sector expert CV shall not exceed

3 pages.

122

APPENDIX-II

FINANCIAL PROPOSAL

Form-1

Covering Letter


(Date and Reference)

To,

........................

.........................

.........................

Dear Sir,

Subject: Appointment of Planning consultant for Green Master Plan for Bhopal Smart

City

I/We, ........................................... (Applicant‟s name) herewith enclose the Financial

Proposal for selection of my/our firm as Planning consultant for Green Master Plan

Project for Bhopal Smart City Project for above.

I/We agree that this offer shall remain valid for a period of 120 (One hundred twenty)

days from the Proposal Due Date or such further period as may be mutually agreed

upon.

Yours faithfully,


Note: The Financial Proposal is to be submitted strictly as per forms given in the RFP.

Appendices

123

APPENDIX-II

(See Clause 2.1.3)

Form-2

Financial Proposal


Consultancy Fees for First three Phases

Consultancy Fees (including fees, out

of pocket expenses, contingencies,

etc.)

All Taxes and other duties excluding

service tax

Total Cost in figure (in INR)

Total Cost in words

Note:

1. The commercial figure quoted will be an all-inclusive figure – inclusive of out-of

pocket expenses and all taxes except service tax, etc payable. No out-of-pocket ex-

penses will be reimbursed separately. The commercial quote include separate out of

pocket expenses or any taxes except service tax, such a Financial proposal will be

treated as an invalid proposal.

2. All taxes quoted will be assumed to be as on 10th day prior to the date of submission of

bid. Any changes in the statutory taxes or levies affected by Central/State/Other Gov-

ernment bodies after this date will be considered and applied after due authorization.

3. No escalation on any account will be payable on the above amounts.

4. The aforesaid fees, payable to the Consultant in accordance with the Financial Pro-

posal, shall cover the costs of amount of in-house photocopying and stationery and

costs of support staff. No additional charges in respect thereof shall be due or paya-

ble. The said fees, however, will not include counsel fee, outstation travel, faxes,

124

couriers and postage, collections and deliveries, subscriptions to special services and

specifically required stationery and bulk photocopying.

Dated this [day / month / year]

Authorized Signatory (in full and initials):

Name and title of signatory:

Duly authorized to sign this Proposal for and on behalf of [Name of Applicant]

Name of Firm:

Address:

Appendices

125